Bhtu Ghosh @Gour@Gour Ghosh v. State Of West Bengal

C.R.M. 3117 of 2021 15.02.2022 Sl. 76 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.04.2021 in connection with Farakka P.S. Case No. 135 of 2020 dated 17.06.2020 under Sections 21(c)/29 of the NDPS Act (NDPS Case No. 114 of 2020).

And In the matter of: Bhutu Ghosh @ Gour @ Gour Ghosh ....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Manisha Sharma ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that charges were framed without the prosecution submitting the Chemical Examination Report.

Learned advocate appearing for the State submits that the learned jurisdictional court fixed dates for recording of evidence. He submits that commercial quantity of narcotic was seized from the joint possession of the petitioner.

Considering the fact that narcotic of commercial quantity was seized from the joint possession of the petitioner, we are of the view that the petitioner is unable to overcome the restriction under Section 37 of the NDPS 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. 3117 of 2021 is dismissed.

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