Habibur Rahaman v. State Of West Bengal

02.08.2022 Sl. No.10 akd [Rejected] C. R. M. (NDPS) 870 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.07.2022 in connection with Lalgola Police Station Case No. 01 of 2020 dated 01.01.2020 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.03 of 2020) And In Re: Habibur Rahaman ... ... Petitioner Mr. Niladri Sekhar Ghosh Mr. Tapodip Gupta Mr. Sourav Mondal ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Iqbal Kabir ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner there is slow progress in the trial of the case. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance 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.

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