Piyarul Mondal @ Piarul Mondal v. The State Of West Bengal

13.03.2024 Sl. No.14 akd [Rejected] C. R. M. (NDPS) 485 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.03.2024 in connection with Jalangi Police Station Case No.129 of 2022 dated 20.04.2022 under Section 21(c) of the NDPS Act. (NDPS Case No.103 of 2022) And In Re: Piyarul Mondal @ Piarul Mondal ... ... Petitioner Mr. Debanshu Ghorai Mr. Anisur Rahman ... ... for the petitioner Mrs. Debjani Sahu ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for over 100 days. It is further submitted petitioner has been falsely implicated. He was not arrested at the spot. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Statements of BSF personnel show they had received prior information that petitioner would deal in narcotics. They detained the tractor of the petitioner. He showed his identity papers. Thereafter, he fled away. On search 1050 bottles of phensedyl syrup was recovered from the tractor. In view of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

4. The application for bail is thus rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)