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Calcutta High CourtCRM/8778/2021dismissed

Sahidur Rahaman @ Saidul v. The State Of West Bengal

2021-12-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

23.12.2021 Serial no. 83 Dd (Through Video Conference) CRM 8778 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to NDPS 86 of 2021 in connection with Suti Police Station Case No. 607 of 2020 dated 29.12.2020 under Sections 21(c)/29 of the NDPS Act. -AndIn the matter of : Sahidur Rahaman @ Saidul ... ...Petitioner Mr. Anisur Rahman, Advocate ... ... For the Petitioner Ms. Faria Hossasin, Ms. Baisali Basu, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was the driver of the vehicle in which narcotic was seized. The petitioner is no way connected with the narcotic substance seized. Learned advocate appearing for the State submits that the commercial quantity of narcotic was seized from the vehicle which the petitioner was driving. The petitioner was arrested along with the co-accused.

Considering that the narcotic of commercial quantity was seized from the vehicle which the petitioner was driving, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are not inclined to grant bail to the petitioner.

CRM 8778 of 2021 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)