Dalim Sk @ Sk Dalim And ANR v. State Of West Bengal

01.07.2022 Sl. No.37 akd [Rejected] C. R. M. 3262 of 2021 (CRAN 1 of 2022) In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2021 in connection with Raiganj Police Station Case No.411 of dated 29.05.2020 under Sections 21(c)/22(c)/27/29 of the NDPS Act.

And In Re: Dalim Sk. @ Sk. Dalim & Anr.

... ... Petitioners Mr. Sudip Guha ... ... for the petitioners Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... ... for the State In Re : C.R.A.N. 1 of 2022 We have considered the averments in the said application seeking recalling of the order dated 28.07.2021. The application for bail was dismissed for default and not on merits.

Under such circumstances, we are inclined to recall the order dated 28.07.2021 and restore the application to its original file and number.

The application being CRAN 1 of 2022 is thus, allowed. In Re : C. R. M. 3262 of 2021 Having considered the materials on record disclosing prima facie involvement of the petitioners in transporting narcotic substance above commercial quantity and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioners.

The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)