Mukesh Saroj And ANR. v. State Of West Bengal
04.05.2022 Serial no.40 [Dd] (Bail Rejected) CRM (NDPS) 439 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with NDPS case no. 24 of 2020 arising out of STF Police Station Case No. 18 of 2020 dated 18.05.2020 [G.R. (S) No. 723 of 2020] under Sections 21(c)/29 of the NDPS Act.
-AndIn the matter of : Mukesh Saroj & Anr. ... ...Petitioners Mr. Sambhunath De, Advocate ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Petitioners pray for bail.
Learned advocate appearing for the State submits that commercial quantity of narcotic was recovered from the joint possession of the petitioners. The trial is in progress. The prosecution witnesses are being examined. Considering the fact that commercial quantity of narcotic was seized 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 NDPS Act, 1985.
Consequently, we are not inclined to grant bail to the petitioners.
Prayer for bail of the petitioners is rejected. CRM (NDPS) 439 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)