Gourab Biswas @ Nata v. State Of West Bengal

26.5.2022 Court No.5 Sl. No. 7 GB/SD CRM (NDPS) 524 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.5.2022 in connection with Lake Town Police Station Case No. 97 of 2020 dated 21.7.2020 under Section 21(c) of the NDPS Act.

And In the matter of: Gourab Biswas @ Nata ....petitioner.

Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... for the State.

Learned counsel for the petitioner, by placing reliance on certain judgments of the Supreme Court, contends that the Supreme Court, in similar circumstances, had enlarged the respective accused persons on bail in the said cases. However, learned counsel for the State opposes the prayer for bail and contends that it is clearly indicated in the chemical analysis report that a substantial amount of contraband substance was found in the possession of the petitioner and that there is a chance of big racket operating with the petitioner behind the scene. However, from the judgments cited by learned counsel, particularly those rendered in Sushil Biswas vs. The State of West Bengal and Dhiman Roy @ Budo vs. The State of West Bengal, we do not find that any specific period for incarceration was indicated.

Although, in the other judgment, that is, Md. Asim and Another vs.

as a precedent, we do not find any mitigating factor in the present case to overcome the presumption raised under Section 37 of the NDPS Act.

Accordingly, CRM (NDPS) 524 of 2022 is rejected. It is expected that the trial shall be concluded as expeditiously as possible.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)