Sabikul Kunahar Alias Sabikun Nahar Mondal v. State Of West Bengal

02.11.2021 Court No.8 Item No.18 AP/ss (Rejected) C.R.M. 6905 of 2021 (Through Video Conference) In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chapra P.S. Case No.57 of 2021 dated 06.02.2021 under sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Sabikul Kunahar @ Sabikun Nahar Mondal Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Sudip Ghosh Ms. Sreeparna Das ... ... for the State The application for bail is canvassed on the ground that the petitioner is in custody for a period of nine months. It is also submitted that the facts and circumstances did not indicate that the petitioner was in actual possession of the contraband goods.

Counsel for the State submits that the accused are husband and wife and 190 bottles of phensedyl have been recovered from their possession. The same constitutes conscious possession of contraband under the NDPS Act. In the above circumstances, the application for bail being CRM 6905 of 2021 stands rejected.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Kesang Doma Bhutia, J.) (Rajasekhar Mantha, J.)