Ebrahim Hossain @ Bidya v. State Of West Bengal

16.04.2024 Sl. No.2 akd [Rejected] C. R. M. (NDPS) 527 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.03.2024 in connection with Sagardighi Police Station Case No.294 of 2023 dated 12.07.2023 under Sections 18(b)/29 of the NDPS Act. (NDPS Case No.78 of 2023) And In Re: Ebrahim Hossain @ Bidya ... ... Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioner Mr. Dipankar Mahata ... ... for the State

1. Clarificatory report is placed on record. Samples tested positive to opium derivative.

2. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotics above commercial quantity from the petitioner. Under such circumstances, we are not inclined to grant bail to the petitioner.

3. The application for bail is thus rejected.

4. Trial court is directed to consider the issue of framing of charge at the earliest.

5. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 18 th of April 2024 06:04:52 PM