Shrimanta Panda @ Tapu v. State Of West Bengal

20.07.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 803 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.07.2022 in connection with Rajapur Police Station Case No.09 of 2021 dated 09.01.2021 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In Re: Shrimanta Panda @ Tapu ... ... Petitioner Mr. Pawan Kumar Gupta Ms. Salma Sultana Shah Ms. Sani Hossain ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ... ... for the State Leave is granted to the learned advocate-on-record of the petitioner to correct the cause title in course of this day. It is submitted on behalf of the petitioner he is in custody for about 565 days.

Learned advocate appearing for the State opposes the prayer for bail and submits narcotic substance above commercial quantity i.e. 22.5 kgs. of Ganja was recovered from the possession of the petitioner. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 22.5 kgs. of Ganja, which is above commercial quantity from the possession of the petitioner. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioner.

The application for bail is thus rejected.

Trial court is directed to expedite the trial and conclude the same at an early date.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)