Kripal Singh v. State Of West Bengal

C.R.M. 4989 of 2021 b.das 10.11.2021 Court No.29 In Re: - An application for anticipatory bail under Section 439 of the Code of Criminal Procedure in connection with New Town P.S. Case No. 346 of 2019 dated 28/08/2019 under Sections 21(c)/29 of the NDPS Act, 1985.

(reject) And In the matter of: Kripal Singh ....petitioner.

Mr. Debangan Bhattacharya ...for the petitioner.

Mr. Sanjoy Bardhan Ms. B. Chatterjee ...for the State.

Petitioners seek bail.

Learned Advocate appearing for the petitioner draws the attention of the Court to the discrepancies in the forensic report and the conduct of the investigation. He also highlights on the period of detention of the petitioner.

Learned Advocate appearing for the State submits that narcotic substance above the commercial quantity was recovered from the joint possession of the petitioner.

Considering that commercial quantity of narcotics was seized from the joint possession of the petitioner we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant bail to the petitioner.

The application for bail being C.R.M. 4989 of 2021 is, thus, rejected.

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