Kamal Kumar Singh v. State Of West Bengal

12.08.2022 cm/ct 28 C.R.M. (NDPS) No. 916 of 2022 sl. no. 8 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Airport P.S Case No. 193 of 2022 dated 14.07.2022 under Sections 21 (c )/22(c )/29 of the N.D.P.S. Act, 1985. Rejected And In Re : Kamal Kumar Singh.

..... petitioner Mr. Dilip Kumar Maity Mr. Prasanta Kumar Das ...... for the petitioner Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Bibaswan Bhattacharya ...... for the State Petitioner is in custody for 30 days. He prays for bail. He submits he was not aware of the narcotic substance kept in plastic sack which was loaded in the vehicle.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner and co-accused were in the vehicle. Narcotic substance above commercial quantity was recovered from the said vehicle. In view of the aforesaid circumstances read with the statutory presumptions under Section 35/54 of the NDPS Act, we are of the opinion this is not a fit case to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)