Prabhakar Choudhary v. Union Of India

C.R.M. (NDPS) 377 of 2022 18.04.2022 Sl. 38 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with NDPS Case No. 36 of 2021 arising out of NCB/KUZ/Crime No. 66 of 2021 dated 31.07.2021 under Sections 8(c)/20b(ii)(A)/22(c)/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Prabhakar Choudhary ....petitioner.

Mr. Anirban Chakraborty Mr. Tirtharaj Roy ...for the petitioner.

Mr. Amajit De Mr. Rajesh Kumar Shah ...for the Union of India/NCB.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the Narcotic Control Bureau submits that the petitioner used his Aadhar Card for the purpose of recruiting a foreign national for the drug trading. Apparently, there are nexus between the petitioner and the person arrested with commercial quantity of narcotic. Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 377 of 2022 is dismissed.

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