Sain Sk @ Sahin Sk v. State Of West Bengal

18.05.2022 Serial no.56 [Dd] (Bail Rejected) CRM (NDPS) 478 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 291 of 2021 dated 26.06.2021 under Sections 22(C)/29 of the NDPS Act.

-AndIn the matter of : Sain Sk @ Sahin Sk ... ...Petitioner Mr. Robiul Islam Ms. Pramita Banerjee, Advocates ... ... For the Petitioner Mr. Neguive Ahmed, ld. APP Ms. Amita Gaour, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the jurisdictional Court framed charges without the chemical examination report being submitted. Learned Additional Public Prosecutor submits that the chemical examination report yet to be submitted before the jurisdictional Court as the same was collected subsequently. The order of taking cognizance by the jurisdictional Court and the order of framing of charges are yet to be assailed by the petitioner.

Considering the fact that commercial quantity was seized from the possession of the petitioner 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) 478 of 2022 is dismissed.

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