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Calcutta High CourtCRM/7565/2021dismissed

Subhash Singh v. State Of West Bengal

2021-11-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.11.2021 Serial no.593 Dd (Through Video Conference) CRM 7565 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 693 of 2021 dated 14.09.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act arising out of NDPS case no. 194 of 2021.

-AndIn the matter of : Subhash Singh ... ...Petitioner Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Mr. Binay Panda, Ms. Puspita Saha, Mr. S. Bhakat, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated on the basis of statements of the co-accused only.

Learned advocate appearing for the State submits the independent witnesses identify the petitioner as one of the persons involved in the incident.

Considering that the commercial quantity of narcotic was seized in the present case and considering the involvement of the petitioner herein as appearing from the materials in the case diary, we are of the view that the petitioner is unable to rebut the presumption under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail is rejected.

CRM 7565 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)