Rejaul Ali @ Rejaul Karim @ Khokan v. State Of West Bengal

08.08.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 900 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.08.2022 in connection with Nabagram Police Station Case No. 32 of 2022 dated 01.02.2022 under Sections 21(c)/22/25/27A/28/29 of the NDPS Act. (NDPS Case No.41 of 2022) And In Re: Rejaul Ali @ Rejaul Karim @ Khokan ... ... Petitioner Mr. Sandipan Ganguli .. Sr. Advocate Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 280 days. It is further submitted recovery from the petitioner was from an open place accessible to all. Alleged recovery is to the tune of 250 gms. of Heroin, which is not above commercial quantity. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. It is alleged petitioner was in conspiracy with co-accuseds. Recovery from coaccuseds is to the tune of 1 kg. of Heroin. In view of the nature of accusation involving conspiracy amongst the petitioner and coaccuseds, total quantity of narcotic substance recovered from them is to be taken into consideration. That apart, recovery from the petitioner is witnessed by an independent person whose statement was also recorded during investigation. In view of the aforesaid circumstances and bearing in mind 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.)