Afsar Ali v. The State Of West Bengal

08.09.2020 pg.

CRM 6302 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kushmandi P.S. Case No.110 of 2019 dated 08.10.2019 under Sections 21(c)/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Afsar Ali ....Petitioner Mr. Mazahar Hossain Chowdhury ...for the Petitioner Mr. Binay Panda Ms. Puspita Saha ...for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner renews the prayer since he claims to be in custody for more than ten months.

The State points out that the earlier rejection was in June, 2020 and there is no change in the circumstances since then. The State also submits that commercial quantity of contraband was recovered from the petitioner.

In view of the prohibition in the Act of 1985, the petitioner does not qualify to obtain bail.

CRM 6302 of 2020 is dismissed.

(Sanjib Banerjee, J.) (Moushumi Bhattacharya, J.)