Sopan Marick v. State Of West Bengal

17.09.2021 Serial no. 5 Dd (Through Video Conference) CRM 5811 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 27.08.2021 in connection with Special Court under N.D.P.S Act, at Alipore, South 24 Parganas, arising out of Baruipur Police Station Case No. 2378 of 2020 dated 4th of December, 2020 under Sections 21(C) / 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Sopan Marick ...Petitioner Mr. Arnab Chatterjee, advocate ... ... For the Petitioner Mr. Ranadeb Sengupta, advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner draws the attention of the Court to Section 2(vii-a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 37 thereof. He submits that the substance seized from the possession of the petitioner is of controlled substance and, therefore, the provisions of 37 of Act 1985 is not applied. He submits that the petitioner is in custody for 270 days. Since the police submitted charge sheet, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to Rule 4 of the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013. He submits that the substance seized from the petitioner was sent for forensic examination and from the report of the Forensic Laboratory it transpires that the substance seized is the precursor for the manufacture of a narcotic drug.

Considering the facts and circumstances of the case and considering the fact that controlled substance which was seized from the possession of the petitioner is a precursor for the manufacture of a narcotic drug, we are not inclined to grant bail to the petitioner.

CRM 5811 of 2021 is dismissed.

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