Rahim v. State Of West Bengal

11.05.2022 Serial no.30 [Dd] (Bail Rejected) CRM (NDPS) 458 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bidhannagar South Police Station Case No. 3 of 2022 dated 05.01.2022 under Sections 21(C)/29 of the NDPS Act, 1985 (Subsequently charge sheet submitted under Sections 21(C)/29 of the NDPS Act, 1985) -AndIn the matter of : Rahim ... ...Petitioner Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh, Advocates ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the alleged seizure list was made from a place which is not described in the seizure list. He refers to the seizure list. He submits that there are discrepancies between the materials seized and the recording in the order dated January 6, 2022 of the learned Sessions Court. He refers to the Central Forensic Laboratory Test report. He questions the materials seized.

Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner.

The issues sought to be raised by the petitioner at this stage are to be tried at the trial, if so raised. Commercial quantity of narcotic was seized from the possession of the petitioner. Consequently, we are of the

view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (NDPS) 458 of 2022 is dismissed.

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