Sk Jiarul Mollah@Jiyarul Molla v. State Of West Bengal
29.11.2021 CRM 7641 of 2021 Court No.29 Item No.520 (Reject) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Panrui Police Station Case No. 92 of 2021 dated 23.07.2021 under Sections 21(c)/29 of the NDPS Act; Saswata And In the matter of : Sk. Jiarul Mollah @ Jiyarul Molla
...Petitioner
Mr. Dipanjan Chatterjee Mr. Sujoy Sarkar ...For the Petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ...For the State The petitioner seeks bail.
Learned advocate appearing for the petitioner submits that no contraband was seized from the possession of the petitioner. Only one bike was shown to be seized. Such bike does not belong to the petitioner.
Learned advocate appearing for the State draws the attention of the Court to the seizure list. He submits that the petitioner signed the seizure list. Contraband of commercial quantity was seized from the conscious possession of the petitioner. The petitioner was present at the spot along with other co accused when the seizure was made. Considering the materials in the case diary and considering the seizure list and considering the fact that commercial quantity of contraband was seized, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. The application for bail is rejected.
CRM 7641 of 2021 is accordingly dismissed.
(Debangsu Basak, J.) (Bibahas Ranjan De, J.)