Tapan Sk And ORS v. State Of West Bengal

CRM 3594 of 2021 23.08.2021 court no.

: 28 Item no.

: PB-16 matter : 439 status : REJECTED transcriber : nandy In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 23.04.2021 in connection with Bhagwangola Police Station Case No. 514 of 2020 dated 30.10.2020 under Sections 21(C)/29 of the Narcotic Drugs & Psychotropic Substances Act. (NDPS Case No. 243 of 2020) and In the matter of: Tapan Sk. & Ors.

......Petitioners Mr. Ali Ahsan Alamgir, Advocate Ms. Riya Das, Advocate Ms. Rabia Khatoon, Advocate ......for the Petitioners Mr. Sudip Ghosh, Advocate Mr. Bitosok Banerjee, Advocate Mr. A.K. Datta, Advocate ......for the State The Advocate-on-record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioners have filed the instant application for bail in connection with Bhagwangola Police Station Case No. 514 of 2020 dated 30.10.2020 under Sections 21(C)/29 of the Narcotic Drugs & Psychotropic Substances Act. Indubitably commercial quantity of contraband was recovered from the exclusive possession of the petitioners. Chargesheet has already been submitted.

Since the possession raises presumption against the petitioners, we do not find any justification in taking exception to Section 37 of the NDPS Act.

As such, the prayer for bail is rejected.

The application being CRM 3594 of 2021 is accordingly dismissed.

However, we request the learned Special Judge, NDPS Court to expedite the trial.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)