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Calcutta High CourtCRM/6308/2021rejected

Avijit Kar @ Babai @ Abhijit Kar @ Babay Kar v. State Of West Bengal

2021-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

20.12.2021 sdas rejected C.R.M. 6308 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 632 of 2021 dated 26.06.2021 under Sections 22(C )/29 of the NDPS Act.

And In Re : Avijit Kar @ Babai @ Abhijit Kar @ Babay Kar ..... petitioner Mr. Kingsuk Mondal ... for the petitioner Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for more than five months. It is further submitted that no narcotic substance was recovered from the possession of the petitioner.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. We have noted that on the leading statement of a co-accused, narcotic substance, above commercial quantity, was recovered from the backside of the house of the petitioner.

In view of the prima facie involvement of the petitioner in dealing with narcotic substance above commercial quantity, we are not inclined to grant bail to him.

The application for bail is, thus, rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)