Rahul Dey v. State Of West Bengal

06.07.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 701 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.06.2022 in connection with Bizpur Police Station Case No. 22 of 2020 dated 15.01.2020 under Sections 21(c)/29 of the NDPS Act.

And In Re: Rahul Dey ... ... Petitioner Mr. Debasis Kar Mr. Husen Mustafi ... ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee Mr. Apurba Kumar Datta ... ... for the State We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance above commercial quantity from the petitioner. Co-accused has been enlarged on bail without considering the statutory restrictions under Section 37 of the NDPS Act. Under such circumstances, we are not inclined to grant bail to the petitioner either on merits or on principle of parity. The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)