Abdul Kasem Mondal v. State Of West Bengal

09.08.2021 Item no. 03 Court No.32.

S.De.

(rejected) (Via Video Conference) CRM 3813 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 24.05.2021 in connection with Lake Town Police Station Case No. 125/2020 dated 23.08.2020 under Section 21(c)/29 of the Narcotics Drugs and Psychotropic Substances Act.

And In the matter of : Abdul Kasem Mondal.

......Petitioner.

Mr. Rajdeep Majumder, Advocate, ......for the Petitioner.

Mr. Ranabir Ray Chowdhury, Advocate, Mr. Mainak Gupta, Advocate, ......for the State.

The medical report that we had called for has been filed in Court today.

Let the same be kept with the record.

We have perused the medical report. It appears that the condition of the petitioner is quite stable now and he is receiving appropriate treatment. We have seen that the petitioner was taken to R.G. Kar Medical College & Hospital and Medica Hospital for check up.

We do not find from the report that there is any deficiency in the medical assistance that is being extended to the petitioner.

Commercial quantity of contraband was recovered from a vehicle of which the petitioner was the driver. Prima facie, on the basis of the material in the C.D., the involvement of the petitioner cannot be ruled out. Further, there is a statutory restriction in Section 37 of the N.D.P.S. Act. In view of the aforesaid, we are not inclined to allow this application.

Accordingly, CRM 3813 of 2021 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)