Haider Mondal@Hayder v. State Of West Bengal

63.

12-08-2021 (ct. no.32) debajyoti CRM 3931 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dantan Police Station Case No.193 of 2020 dated 11-08-2020 under Sections 20(b)(i)/29 of N.D.P.S Act.

- A n d - In the matter of : Haider Mondal alias Hayder Mandal .... Petitioner.

Mr. Raja Biswas, Mr. Abhijit Sarkar ... For the Petitioner.

Mr. Saryati Datta ... For the State.

75 Kgs. of Ganja (much beyond commercial quantity) was seized from a pick-up van. The petitioner was the driver of that van.

The petitioner says that he is not the regular driver of that van. However, the fact remains that on the day of the incident, he was driving the van.

In view of commercial quantity of contraband item being involved, we are unable to accede to the petitioner's prayer for bail because of the statutory restrictions in Section 37 of the NDPS Act.

The petitioner says that he has been in custody for 360 days. Charge-sheet has been submitted.

We are told that the petitioner is suffering from various ailments in jail custody.

We direct the Superintendent of the concerned Correctional Home to extend all medical facilities to the petitioner as may be required.

The application for bail being CRM 3931 of 2021 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )