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Calcutta High CourtCRM (NDPS)/588/2022rejected

Saiful Islam Mondal @ Mithu v. State Of West Bengal

2022-06-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.06.2022.

07.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 588 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.N 134 of 2021 arising out of Gopalnagar P.S. Case No.587 of 2021 dated 07.10.2021 under Sections 21(C)/29 of the N. D. P. S. Act.

In the matter of : Saiful Islam Mondal @ Mithu. ... Petitioner.

Sk. Toslim Ali, Ms. Saba Parween.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharyya.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Having considered the materials on record prima facie disclosing involvement of the petitioner as the driver of the vehicle which was used for transporting narcotic substance above commercial quantity i.e. 85 kgs. of ganja, we are of the opinion that in view of the materials on record and the statutory restrictions under Section 37 of the N. D. P. S. Act this is not a fit case to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)