Hamid Sardar v. State Of West Bengal

C.R.M. 5365 of 2021 (AD) 02.03.2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat P.S. Case No.1044 dated 14/09/2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And Court No.29 (Rejected) In the matter of: Hamid Sardar ....petitioner.

Mr. Sanjib Kumar Dan Mr. Saryati Dutta Mr. Santanu Talukdar ...for the petitioner.

Mr. Swapan Banerjee Mr. Suman De ... for the State.

Report as called for by the order dated December 7, 2021 filed in Court be taken on record.

It appears from the report that the police submitted the chemical examination report before the trial court. Since the commercial quantity of narcotic was recovered from the 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.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 5365 of 2021 is dismissed.

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