Tapan Barman And ORS v. State Of West Bengal

25.08.2022.

06.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 970 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.108 of 2021 arising out of Haringhata P.S. Case No.293 of 2021 dated 30.09.2021 under Sections 21(c)/29 of the N. D. P. S. Act.

In the matter of : Tapan Barman & Ors.

... Petitioners.

Mr. Mayukh Mukherjee, Mr. K. L. Majhi.

...for the Petitioners.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous documents show petitioners were present in the vehicle which was used to transport narcotic substance above commercial quantity. In view of the prima facie involvement of the petitioners in the alleged crime and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

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

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