Raju Das v. State Of West Bengal

04.04.2023.

05.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 624 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.27 of 2022 arising out of Khargapur Local P.S. Case No.763 of dated 20.09.2022 under Section 20(b)(ii)(C)/25/29 of the NDPS Act.

In the matter of : Raju Das.

... Petitioner.

Sk. Toslim Ali, Ms. Saba Parween.

...for the Petitioner.

Mr. Saryati Datta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 90.106 kgs. of ganja from the vehicle. Petitioner is the driver of the said vehicle. 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.)