Tajbul Sk. @ Tajbul Islam Sk. v. State Of West Bengal

13.06.2022 cm/ct 28 C.R.M.(NDPS ) 599 of 2022 sl no. 22 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with N.D.P.S. case No.34 of 2022 arising out of Jalangi P.S. Case No. 30/2022 dated 25.01.2022 under Sections 21 (c) / 29 of the NDPS Act And Rejected In Re : Tajbul Sk. @ Tajbul Islam Sk.

..... petitioner Mr. Jisan Iqubal Hossain ...... for the petitioner Mr. Ranadeb Sengupta ...... for the State It is contended no narcotic substance was recovered from the petitioner.

Learned lawyer for the State submits petitioner has criminal antecedents. He was in custody and all CDRs show he has communicated with him from custody on or about the time narcotic substance above commercial quantity was recovered and investigation is in progress.

We have considered the materials on record particularly CDRs which show the daring conduct of the petitioner in communicating that co accuseds from jail custody on or about the time narcotic substance was recovered. These materials prima facie established the involvement of the petitioner in dealing with narcotic substance even from custody, under such circumstances and in view of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are of the opinion this is not fit case to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)