Pintu Mahata And Mahato v. State Of West Bengal And ORS.

01.10.2021 Serial no.481 Dd (Through Video Conference) CRM 4963 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No. 12 of 2020 arising out of Balurghat Police Station Case No. 97 of 2020 dated 29.02.2020 under Sections 21(c)/22(c)/23(c)/ 307/25/27(A)/ 28/29 of the Narcotic Drugs Psychotropic Substances Act. -AndIn the matter of : Pintu Mahata & Mahato ... ...Petitioner Ms. Sujata Das, Advocate ... ... For the Petitioner Mr. Binoy Panday, Mr. Subham Bhakat Ms. Puspita Saha, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 508 days. The police submitted charge sheet. Out of two other co-accused one was granted anticipatory bail and the other was granted bail. Learned advocate appearing for the State draws the attention of the Court to the seizure list and submits that 225 bottles of phensedyl was recovered from the possession of the petitioner.

It appears that two persons have fled away from the place of seizure. However, commercial quantity of contraband was seized from the possession of the petitioner. Therefore, the petitioner cannot be said to be on the same footing as that of the two other co-accused who were granted anticipatory bail/bail.

Considering that the commercial quantity of contraband was seized from the possession of the petitioner, we are not inclined to grant bail to the petitioner.

CRM 4963 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)