Subhabrata Guha Thakurata@Subha v. State Of West Bengal

10.12.2021.

147.

as (Rejected) C.R.M. 8203 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.213 of 2020 arising out of Petrapole P.S. Case No.116 of 2020 dated 07.10.2020 under Sections 21( c ) of the NDPS Act. In the matter of : Subhabrata Guha thakurata @ Subha. ... Petitioner.

Mr. Angshuman Chakraborty.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for one year and two months. He renews his prayer for bail.

Learned Advocate appearing for the State opposes the prayer for bail and submits narcotic substance was recovered from the house of the petitioner.

We have considered the materials on record prima facie showing control and dominion of the petitioner over the premises from which narcotic substance above commercial quantity was recovered.

In view of the aforesaid facts and in the light of the statutory restrictions under Section 37 of the N. D. P. S. Act and as his prayer for bail was rejected earlier on a number of times, we are not inclined to grant bail to the petitioner.

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

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)