Sonu Kumar @ Sonu Goyal v. Union Of India

20.04.2023.

04.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 770 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.02 of 2022 in connection with the Seizure Case No.43/NDPS/PHENSEDYL/P&I/C.C(P)AVB/2021-22 dated 01.01.2022 under Sections 21/23/25/29 of the NDPS Act.

In the matter of : Sonu Kumar @ Sonu Goyal.

... Petitioner.

Ms. Baisali Ghosal, Mr. Niraj Kr. Singh.

...for the Petitioner.

Mr. Bhaskar Prasad Banerjee, Mr. Abhdradip Maity.

...for the NCB.

Petitioner submits no narcotics was recovered from his possession. Investigation is complete. He renews his bail prayer.

Learned Advocate for the NCB opposes the bail prayer. He submits petitioner is the owner of the vehicle which was used to transport narcotics above commercial quantity. CDRs show frequent telephonic conversations between petitioner and co-accused/drivers who were transporting narcotics.

We have considered the materials on record.

Petitioner is the owner of the vehicle which was used to transport narcotics. Other materials i.e. CDRs also show frequent telephonic conversations between petitioner and co-accused.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)