Ujjal Basak @ Parimal Basak v. State Of West Bengal

05.07.2022 cm/ct 28 C.R.M. (NDPS) No. 731 of 2022 sl. no. 6 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Farakka P.S Case No. 222 of 2021 dated 19.08.2021 under Sections 20(b)(ii)(c )/29 of the N.D.P.S. Act. Rejected And In Re : Ujjal Basak @ Parimal Basak ..... petitioner Mr. Faijur Rahaman ...... for the petitioner Mr. S. Mondal, Ld. A.P.P.

Mr. Antarikhya Basu Ms. Amrita Tewari ...... for the State It is submitted on behalf of the petitioner that no narcotic substance was recovered from his possession. He is in custody for 36 days.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Recovery was made from the residence of one Krishna Basak, brother of the petitioner. Statement of witnesses show petitioner and one Ananda Basak fled away from the house.

In view of the aforesaid materials on record, connecting the petitioner and co-accused in dealing with narcotic substance which is above commercial quantity and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)