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Calcutta High CourtCRM (NDPS)/416/2022dismissed

Ajay Kumar Singh And ANR v. State Of West Bengal

2022-04-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

26.04.2022 Sl. 55 Court No.29 suvayan (rejected) C.R.M. (NDPS) 416 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Karandighi P.S. case No. 453 of 2021 dated 19/09/2021 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Ajay Kumar Singh & Anr.

....petitioners.

Mr. Parvej Anam ...for the petitioners.

Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya ...for the State.

Petitioners seek bail.

Learned Advocate appearing for the petitioners submits that the petitioners are in custody for 219 days. The police are yet to submit the Chemical Examination report.

Learned Advocate appearing for the State submits that commercial quantity of narcotic was seized from the joint possession of the petitioner. The Chemical Examination report is still awaited. Considering the fact that commercial quantity of narcotic was recovered from the joint possession of the petitioners, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Consequently, we are unable to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected. C.R.M. (NDPS) 416 of 2022 is dismissed.

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