Sk Sahabuddin v. State Of West Bengal

CRM 7444 of 2021 22.11.2021 Court No.28 Item No.19 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Deganga Police Station Case No. 107 of 2020 dated 08.03.2020 under Section 21 (C) of the NDPS Act;

And Saswata In the matter of : Sk. Sahabuddin

...Petitioner

Mr. Anghsuman Chakraborty Mr. Shashanka Shekhar Saha ...For the Petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... For the State The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Deganga Police Station Case No. 107 of 2020 under Section 21 (C) of the NDPS Act.

Contraband above the commercial quantity has been recovered from the exclusive possession of the petitioner. Though the petitioner says that he was a driver, but since possession was shown from him exclusively, the rigor of Section 37 of the NDPS Act is attracted. In view of the embargo created under the aforesaid Section, the prayer for bail of the petitioner is rejected. However, Learned Judge, Special Court under the NDPS Act is requested to expedite the trial of the case.

The application for bail being CRM 7444 of 2021 is accordingly dismissed.

(Harish Tandon, J) (Rabindranath Samanta,J.)