Merina Bibi v. The State Of West Bengal

22-05-2024 (ct. no.6) KOLE CRM (NDPS) 831 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 162 of 2023 dated 12.03.2023 under Sections 21(C)/29 of the NDPS Act.

- A n d - In the matter of : Merina Bibi .... Petitioner.

Mr. Soumyajit Das Mahapatra, Mr. Somnath Adhikary, ... For the Petitioner.

Mr. Atif Ahmed Siddiqui, ... For the State.

Learned Advocate for the petitioner says that she is a lady and is in custody for about one year two months. It is further stated that no videography has been made at the time of seizure of the contraband articles. So prayer is made for releasing the accused petitioner on the ground of irregularity at the time of making seizure.

Learned Advocate for the State submits that there are sufficient incriminating materials which indicate prima facie involvement of the accused petitioner in the alleged offence. It further appears that an earlier application for bail filed by the petitioner was rejected by a Coordinate Bench of this Court on 27.09.2023 by observing that the manner and circumstances in which the recovery was made from the joint possession of the petitioner and co-accused give an inference of commonality of intention to traffic narcotics.

Signed By :

ABHIJIT KOLE High Court of Calcutta 24 th of May 2024 01:27:33 PM

Anyway, in view of the restrictions in Section 37 of the NDPS Act, 1985 and after considering the materials on record, we are not inclined to enlarge the accused petitioner on bail, at this stage.

CRM (NDPS) 831 of 2024 is, thus, dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. ) ( Prasenjit Biswas, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 24 th of May 2024 01:27:33 PM