Sk Samsur v. State Of West Bengal

12.08.2022 cm/ct 28 C.R.M. (NDPS) No. 917 of 2022 sl. no. 9 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kolaghat P.S Case No. 430 of 2021 dated 23.10.2021 under Sections 22/24/25/27(A)/29 of the N.D.P.S. Act, 1985.

Rejected And In Re : Sk.Samsur.

..... petitioner Md. Sabir Ahmed Mr. Bhaskar Hutait ...... for the petitioner Mr. Rudradipta Nandi, Ld. A.P.P.

Ms. Sonali Das ...... for the State Petitioner renews his prayer for bail. He submits no narcotic substance was recovered from his possession.

Learned lawyer for the State opposes the prayer for bail. He submits prayer for bail of the petitioner was rejected earlier. We have considered the materials on record. Petitioner was in a vehicle which was escorting another vehicle driven by his father. Narcotic substance above commercial quantity was recovered from the other vehicle.

The aforesaid circumstantial evidence and close relationship between the petitioner and co-accused i.e. his father who was driving the vehicle carrying narcotic substance gives rise to a reasonable inference of conspiracy to traffic narcotics. His prayer for bail was rejected earlier on merits. Hence, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court shall take steps for conclusion of trial as expeditiously as possible without granting unnecessary adjournment to either of the parties.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)