Jamat Sk. v. State Of West Bengal

CRM No.6267 of 2021 (Via video conference) 29.11.21 (S.R.) Sl.40 Ct.32 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Burwan Police Station Case No.132 of 2021 dated 17.05.2021 under Sections 20(b)(ii)(c)/29 of the NDPS Act;

And In re: Jamat Sk.

... petitioner.

Ms. Minoti Gomes ... for the petitioner.

Mr. Saryati Datta ...for the State.

Ms. Gomes, learned advocate appearing for the petitioner submits that the petitioner is languishing in custody for about 6 months. Upon completion of investigation charge sheet has been filed and there is no possibility towards conclusion of the trial in the near future. In the said conspectus, the petitioner may be enlarged on bail on any stringent condition.

Mr. Dutta, learned advocate appearing for the State opposes the petitioner's prayer and submits that there had been recovery of contraband substance above commercial quantity from the possession of the petitioner.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence and the fact that contraband substance above commercial quantity was recovered from the possession of the petitioner, we are of the opinion that rigours of Section 37 of the NDPS Act are attracted. In view thereof, the petitioner's prayer for bail is refused at this stage. The application for bail being CRM No.6267 of 2021 is, accordingly, dismissed.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)