Md Sahid Ahmed v. State Of West Bengal

CRM 4619 of 2020 11.02.2021 With CRAN 4647 of 2020 (Ct. No. 2) Item No. 1 akd In Re:- An application for modification of the order passed by this Court on 16.04.2020 in CRM 2989 of 2020.

And In the matter of : Md. Sahid Ahmed.

...Petitioner

Mr. Asim Karmakar, Ms. Muslina Begum.

...For the Petitioner Mr. N. Ahmed, Ms. Amita Gaur.

...For the State.

This is an application for modification of the order dated 16th April, 2020, passed by this Court in CRM 2989 of 2020, whereby the prayer for bail of the petitioner was rejected. The petitioner prays for bail on the ground of ailment of his mother and also on the ground of the period of detention already undergone by him.

The State produces the case diary, wherefrom it appears that 449 grams of contraband tablets were recovered and seized from the possession of the petitioner in presence of independent witnesses, which was above the commercial quantity under the N.D.P.S. Act. There is no changed circumstances which warrants grant of bail, particularly when the petitioner was earlier released in parole to take care of his mother. The nature of ailment suffered by his mother, as is apparent from the medical certificate annexed to the application for bail, does not prompt us to reconsider the prayer for bail of the petitioner.

Accordingly the applications, being CRM 4619 of 2020 and CRAN 1 of 2020 (CRAN 4647 of 2020) are dismissed. (Harish Tandon, J.) (Kausik Chanda, J.)