Saptam Mondal And ORS. v. State Of West Bengal

C.R.M. (NDPS) 1130 of 2023 13.06.2023 Sl. 33 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Jiaganj Police Station Case No. 110 of 2022 dated 08.05.2022 under Sections 20(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

And In the matter of: Saptam Mondal & Ors.

....petitioners.

Mr. Arnab Chatterjee Ms. Poulami Bose ...for the petitioners.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials on record, it is found that 97kgs. of contraband 'ganja' was seized from the joint possession of four accused persons, who are the petitioners before this Court. Though some factual submissions are made to raise suspicion about the seizure, such submission does not commend to us.

3. Charge-sheet is stated to be filed.

4. Regard being had to such facts and submissions and the bar under Section 37 of the NDPS Act, we are not inclined to exercise discretion under Section 439 Cr.P.C. in favour of the petitioners at this stage. However, the learned Trial Court is directed to expedite the trial as it is stated that date has been fixed for framing of charge.

5. Accordingly, the prayer for bail is rejected.

6. The application being CRM (NDPS) 1130 of 2023 is dismissed.

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