Gopinath Barman v. State Of West Bengal

07.09.2021 Serial no.19 Aloke Ct. No.29 (Through Video Conference) CRM 5750 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 25.08.2021 in connection with Tapan Police Station Case No. 209 of 2020 dated 15.07.2020 under Sections 21 (c)/22 (c)/27(A) of the NDPS Act.. And In the matter of : Gopinath Barman ... ...Petitioner Ms. Jeenia Rudra, Advocate ... ... For the Petitioner Mr. Binay Kr. Panda, Advocate Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 408 days. The charge-sheet being submitted, further custodial detention of the petitioner is not required. She submits that a co-accused was granted bail on July 6, 2021.

Learned Advocate appearing for the State submits that the narcotic of commercial quantity was seized from the joint possession of the petitioner. The petitioner cannot be said to be similarly situated as that of the co-accused who was granted bail on July 6m 2021.

Considering the fact that the seizure was made from the joint possession of the petitioner, we are not inclined to grant bail to the petitioner.

CRM 5750 of 2021 is dismissed.

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