Ananda Mondal @ Ananda Kumar Mandal v. State Of West Bengal

12.06.2023 Sl. 31 Court No.29 sdas (Rejected) C.R.M. (NDPS) 1106 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in arising out of Lalgola P. S. Case No. 29 of 2022 dated 25.01.2022 under Sections 21(c)/29 of the NDPS Act arising out of NDPS case No. 36/2022.

And In the matter of: Ananda Mondal @ Ananda Kumar Mandal ....petitioner Mr. Anisur Rahman ...for the petitioner.

Mr. Sandip Chakraborty ...for the State.

1.

Heard the learned Counsel for both the parties. 2.

310 grams of Heroin is alleged to have been seized from the ancestral house of the present petitioner on the basis of statement of the present petitioner which assumes relevance under Section 27 of the Evidence Act.

3.

Regard being had to the facts and submissions, the fact that the quantity of Heroin seized is a commercial quantity and bar under Section 37 of the NDPS Act, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 of the Cr.P.C. at this stage.

4.

Accordingly, the prayer for bail of the petitioner is rejected. 5.

CRM (NDPS) 1106 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)