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Calcutta High CourtCRM (NDPS)/539/2023rejected

Rinku Dey Sarkar v. State Of West Bengal

2023-03-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

28.03.2023.

22.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 539 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.38 of 2022 arising out of Balurghat P.S. Case No.294 of 2022 dated 27.04.2022 under Sections 21(c)/22(c)/23(c)/25/27A/28/29 of the NDPS Act and charge sheet submitted under Sections 21(c)/22(c)/23(c)/25/27A/28/29 of the NDPS Act. In the matter of : Rinku Dey Sarkar.

... Petitioner.

Mr. Kaushik Chowdhury, Ms. Busra Khatun.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Though no narcotics was recovered from the petitioner, his wife stated he is involved in conspiracy in dealing in narcotics. Local witnesses have also corroborated such statement. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)