Jahangir Kabir v. State Of West Bengal

03.05.2023 Sl. No.12 akd [Rejected] C. R. M. (NDPS) 919 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.04.2023 in connection with Lalgola Police Station Case No.802 of 2021 dated 02.12.2021 under Sections 21(c)/29 of the NDPS Act.

And In Re: Jahangir Kabir ... ... Petitioner Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 11⁄2 years. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 550 gms. of Heroin, which is above commercial quantity from the petitioner and co-accused. Charge has already been framed. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)