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Calcutta High CourtCRM (NDPS)/614/2022rejected

Bapan Ghosh @ Bapon Ghosh v. State Of West Bengal

2022-06-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

15.06.2022 sdas rejected C.R.M. (NDPS) 614 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 474 of 2021 dated 28.06.2021 under Sections 21(c )/29 of the NDPS Act.

And In Re : Bapan Ghosh @ Bapon Ghosh ..... petitioner Mr. Angshuman Chakraborty Mr. S. S. Saha Mr. Tapodip Gupta ... for the petitioner Mr. Sudip Ghosh Mr. A. K. Datta Mr. B. Banerjee ... for the State Petitioner is in custody for 317 days.

It is submitted by the learned Counsel appearing for the petitioner that he has been falsely implicated in the instant case as recovery was effected from a place which was accessible to all.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered materials on record. Recovery was effected in the presence of an independent witness on the leading statement of the petitioner.

In view of the aforesaid materials on record, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.

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