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Calcutta High CourtCRM (NDPS)/1414/2023rejected

Sahar Banu Bibi @ Saharbanubanu Bibi v. State Of West Bengal

2023-08-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Rai Chattopadhyay1 pages

21.08.2023.

02.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1414 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case being No.144 of 2021 arising out of Kaliachak P.S. Case No.1429 of 2021 dated 24.12.2021 under Sections 21(c)/22(c)/27A/29 of the NDPS Act.

In the matter of : Sahar Banu Bibi @ Saharbanu Bibi. ... Petitioner.

Mr. Avinaba Patra, Ms. Pramita Banerjee.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi.

...for the State.

1.

Petitioner submits she is the wife of the principal accused. She was not aware of the narcotics kept at the residence.

2.

Learned Advocate for the State opposes the bail prayer. He submits bail prayer of the petitioner was rejected earlier on merits.

3.

We have considered the materials on record. It appears petitioner assisted her husband in storing narcotics above commercial quantity. Bail prayer of the petitioner was rejected on merits in April, 2023. There is no change in circumstance since then.

4. Hence, we are not inclined to grant bail to the petitioner.

5.

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

(Rai Chattopadhyay, J.) (Joymalya Bagchi, J.)