Lalan Mondal v. State Of West Bengal

14.06.2022.

10.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 595 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 20 of 2020 arising out of Jalangi P.S. Case No.31 of 2020 dated 22.01.2020 under Sections 21(c)/29 of the N. D. P. S. Act and Sections 186/324/353/379 of the Indian Penal Code and Sections 25/27 of the Arms Act and Section 3 / 4 E. S. Act.

In the matter of : Lalan Mondal.

... Petitioner.

Mr. Jisan Iqubal Hossain.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi.

...for the State.

Heard the learned Advocates appearing for the parties. We have considered the materials on record. Statements of witnesses and contemporaneous documents i.e. arrest memo prima facie disclose the presence of the petitioner at the place where narcotic substance above commercial quantity was recovered from co-accused.

From the aforesaid materials, we are of the opinion petitioner had aided and abetted the co-accuseds from whom narcotic substance above commercial quantity was recovered. Keeping in mind the aforesaid facts and the statutory restrictions under Section 37 of the N. D. P. S. Act, we are of the opinion that 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.)