Kamal Mondal v. State Of West Bengal And ORS.
29.09.2021 Serial no. 73 & 74 Dd (Through Video Conference) In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 22nd July 2021 in connection with NDPS Spl. Case No. 47 of 2021 arising out of Nabadwip Police Station Case No. 204 of 2021 dated 19.05.2021 under Sections 20(b)(ii) (c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. -And- CRM 4917 of 2021 In the matter of : Saifuddin Sk. Alias Paltu ... ...Petitioner With CRM 4922 of 2021 In the matter of : Kamal Mondal ... ... Petitioner Mr. Angshuman Chakraborty, Advocate ... ... For the Petitioners Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State in CRM 4917 of 2021 Mr. Ranadeb Sengupta ... ...For the State in CRM 4922 of 2021 Two applications of bail are taken up for consideration analogously as they emanate out of the same police station case.
Learned advocate appearing for the petitioners submits that 12kg of ganja was seized from the joint possession of the petitioners. From another co-accused another 10kg of ganja was seized. He submits that seizures are below the commercial quantity.
Learned advocate appearing for the State refers to the case diary and the seizure list. He submits that there is only one seizure. Therefore, the seizure was of 22 kgs of ganja in aggregate from two motorcycles. The two petitioners were arrested from the spot along with three persons. Considering that commercial quantity of ganja was seized form the joint possession of the petitioners, we are not inclined to grant bail to the petitioners.
CRM 4917 of 2021 and CRM 4922 of 2021 are dismissed.
(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)