Selim Sk v. State Of West Bengal

05.05.2022 Serial no.49 [Dd] (Bail Rejected) CRM (NDPS) 447 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with NDPS case No. 130 of 2021 arising out of Lalgola Police Station Case No. 483 of 2021 dated 03.07.2021 under Sections 22(c)/25(a) of the NDPS Act, 1985. -AndIn the matter of : Selim Sk ... ...Petitioner Mr. Arnab Saha, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since July 3, 2021. The police filed charge sheet and, therefore, further detention of the petitioner is not required. He submits that no substance governed by the provisions of Section 37 of the NDPS Act, 1985 was recovered from the possession of the petitioner. It is claimed as against the petitioner that the police recovered acetic anhydride. He relies on order dated April 28, 2022 passed in CRM (NDPS) 79 of 2022 (In the matter of : Foyjul Hoque @ Foyjul Haque & Anr.) and submits that this Hon'ble Court granted bail to a person found with acetic anhydride.

Learned advocate appearing for the State submits that 18 litres of acetic anhydride and 25 kgs of sodium carbonate anhydrous were seized from the possession of the petitioner. He submits that these two materials are utilized

for the manufacture of heroin. This substance is governed by the provisions of the NDPS Act, 1985. He submits that quantity of the two materials seized from the petitioner, if used, will result in manufacture of commercial quantity of heroin.

In Foyjul Hoque @ Foyjul Haque (supra) the petitioner therein was arrested with acetic anhydride only. In the facts of the present case, the petitioner herein was arrested not only with acetic anhydride but also sodium carbonate anhydrous. The two materials together are utilized for the manufacture of heroin. The quantity of the two material seized can result in commercial quantity of heroin which is governed by the NDPS Act, 1985. Considering the nature of the materials found in possession of the petitioner and considering the gravity of the offence and the involvement of the petitioner therein, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. CRM (NDPS) 447 of 2022 is dismissed.

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