Mithun Biswas v. State Of West Bengal

C.R.M. 6419 of 2020 14.09.2020 7.

Aloke/sg Court 8 (I.A. CRAN 01 of 2020) (Via Video Conference) In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.08.2020 in connection with Jamuria P.S. Case No. 189 of 2019 dated 20.05.2019 under Sections 20(b)(ii)(c) of the NDPS Act.

And In the matter of: Mithun Biswas & Ors.

Mr. Husen Mustafi ... for the Petitioners Mr. Sanjay Bardhan Mr. C.R. Ghosh ... for the State The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

CRAN 1 of 2020 is, accordingly, disposed of.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are in custody since 2019. Learned counsel appearing on behalf of the State strongly opposes the prayer for bail. He submits that commercial quantity of contraband was seized from the joint possession of the petitioners. He relies on chemical report which is positive for the contraband.

Considering the materials appearing against the petitioners and in view of the restriction contained in Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

The application for bail is, accordingly, rejected. (Jay Sengupta,J.) (Soumen Sen, J.)