Alamin Sk v. State Of West Bengal

Sl. 27 01.11.2021 Court No.8 SD/GB CRM 6914 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 07.10.2021 in connection with Berhampore P.S. Case No.1135 of 2020 dated 04.11.2020 under Sections 20(b)(ii)/(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Alamin Sk.

.... Petitioner.

Md. Golam Nure Imrohi Mr. Sreejeet Basu Roy ... For the Petitioner.

Mr. Ranadeb Sengupta ... for the State.

The petitioner though has sought for his release on bail on the contention that he is in custody for last 361 days but the case which has been lodged against him is in respect of commercial quantity of ganja being seized from his possession and the charge-sheet has already been submitted in connection with NDPS Case No.255 of 2020 under Sections 20(b)(ii)/(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. Upon hearing the learned Advocates for the petitioner and State and considering the commercial quantity of the contraband seized from the possession of the petitioner, prima facie, at this stage the prayer for bail cannot be considered in view of the legal impediment under Section 37 of the Narcotic Drugs and Psychotropic Substances Act. However, the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act is requested to expedite the trial of the case as early as possible.

Thus, the application for bail being CRM 6914 of 2021 is rejected and disposed of.

(Ananda Kumar Mukherjee, J.) (Shivakant Prasad, J.)