Dukhu Mahato And ANR v. State Of West Bengal And ORS.

CRM 5463 of 2021 16.11.2021 Court No.28 Item No.95 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Bhagwangola Police Station Case No. 500 of 2020 dated 20.10.2020 under Sections 21(C)/29 of the NDPS Act; Saswata And In the matter of : Dukhu Mahato & Anr.

...Petitioners.

Mr. Md. Zeeshan Uddin Ms. Amrin Khatoon ...For the Petitioners Mr. Rana Mukherjee, APP Mr. Santanu Chatterjee ... For the State The petitioners have filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 500 of 2020 under Sections 21(C)/29 of the NDPS Act.

Contraband above commercial quantity, i.e., 10 litres of codeine mixture was recovered from the joint possession of the petitioners. The petitioners have been apprehended immediately along with other co accused and is languishing in jail for more than one year. Since contraband above commercial quantity was recovered form the joint possession of the petitioners, the petitioners are not entitled to bail because of the rigor of Section 37 of the NDPS Act. Accordingly, the prayer for bail of the petitioners is rejected. We are informed that that charge sheet has already been submitted but charges have not yet been framed and, therefore, we request the Learned Special Judge under the NDPS Act to expedite the trial of the case. The application for bail being CRM 5463 of 2021 is accordingly dismissed.

(Harish Tandon, J) (Rabindranath Samanta,J.)