← Library
Calcutta High CourtCRM/5087/2021rejected

Soma Roy v. State Of West Bengal

2022-02-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

14.02.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M. 5087 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 960 of 2017 dated 22.12.2017 under Sections 20(b)(ii)C/29 of the Narcotic Drugs and Psychotropic Substances Act and Sections 25/27 of the Arms Act. And In Re : Soma Roy.

...... petitioner Mr. Sanjoy Bardhan Ms. Baisakhi Chatterjee ....for the State None appears for the petitioner.

Considering the fact that the commercial quantity of narcotic was seized from the joint possession of the petitioner and considering the fact that the trial is in progress with some of the prosecution witnesses being examined, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection. Consequently, we are unable to grant bail to the petitioner.

In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM 5087 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)