Md Monirul@Manirul Islam v. State Of West Bengal

13.04.2022 C.R.M. (NDPS) 376 of 2022 (AD) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarup Nagar P.S. Case No.940 of 2017 (N-04/2018) dated 24.12.2017 under Section 21(C) of the NDPS Act, 1985 and 14 of Foreigners Act. (Rejected) And In the matter of: Md. Monirul @ Manirul Islam ....petitioner.

Mr. Ashok Kumar Chowdhury ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of four years. The police submitted charge sheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State submits that commercial quantity of narcotics was seized from the possession of the petitioner. The trial is in progress. The evidence of the prosecution is being recorded.

Considering the fact that commercial quantity of narcotics was recovered from the possession of the petitioner, we are of view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Moreover, the trial is in progress. Consequently, we are unable to grant bail to the

petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 376 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)