Zakir Hossain Sardar @ Zakir Hussen Dar v. State Of West Bengal

27.04.2022 Sl. 45 Court No.29 suvayan (rejected) C.R.M. (NDPS) 419 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar FIR/case No. 861 dated 06/10/2021 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Zakir Hossain Sardar @ Zakir Hussen Dar ....petitioner.

Ms. Malashree Ghosh ...for the petitioners.

Mr. Ranadeb Sengupta ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the police are yet to submit the Chemical Examination Report before the jurisdictional Court.

Learned Advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner. Considering the fact that commercial quantity of narcotic was seized from the joint possession of the petitioner, we are of the view that the petitioner is 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 petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 419 of 2022 is dismissed.

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