Kalam Mondal v. State Of West Bengal

24.11.2021 Ct. No 29 KAUSHIK (REJECTED) C.R.M. 7608 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 316 of 2020 dated 30.10.2020 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

And In Re : Kalam Mondal.

..... petitioner Mr. Koustav Bagchi Mr. Amanul Islam Mr. Sourav Mukherjee .... for the petitioner Mr. Sanjoy Bardhan Mr. Ranadeb Sengupta .... for the State Petitioner seeks bail.

Learned senior advocate appearing for the petitioner submits that, no contraband was recovered from the conscious possession of the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the seizure list where the signature of the petitioner appears.

Considering the materials in the case diary and considering that contraband of commercial quantity was seized from the joint possession of the petitioner, we are of the view that the petitioner is not in a position to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are not in a position to grant bail to the petitioner.

Accordingly, prayer for bail of the petitioner is rejected and the application being CRM 7608 of 2021 is dismissed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)