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Calcutta High CourtCRM (NDPS)/964/2022rejected

Meher Ali @ Meher Ali Sekh v. State Of West Bengal

2022-08-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

24.08.2022 Sl. No.14 akd [Rejected] C. R. M. (NDPS) 964 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.08.2022 in connection with Mangolkote Police Station Case No. 132 of 2022 dated 26.05.2022 under Section 120B of the Indian Penal Code read with Section 20(b)(ii)(c) of the NDPS Act and Sections 25/27/35 of the Arms Act. (NDPS Case No.28 of 2022) And In Re: Meher Ali @ Meher Ali Sekh ... Petitioner Mr. Sujan Chatterjee ... for the petitioner Mr. Sanjay Bardhan Ms. Baisakhi Chatterjee ... for the State It is submitted on behalf of the petitioner that he is in custody for about 83 days. It is further submitted petitioner was in judicial custody at the time of alleged recovery of narcotics from co-accused.

Learned advocate appearing for the State opposes the prayer for bail and submits petitioner and one Raju hatched a conspiracy from the correctional home to traffic narcotics through co-accused. We have considered the materials on record. Statements of officers at the correctional home as well as seizure of mobile phones corroborate such allegation. CDRs. have also been collected in course of investigation. Investigation is in progress. Under such circumstances, we do not consider it prudent to enlarge the petitioner on bail. The application for bail is thus rejected.

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