Harash Raut And ORS v. State Of West Bengal

15.09.2022 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 1041 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.09.2022 in connection with Ranigunj Police Station Case No. 293 of 2022 dated 20.05.2022 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act. (NDPS Case No.14 of 2022) And In Re: Harash Raut & Ors.

... ... Petitioners Mr. Anirban Mitra Mr. Amit Halder Mr. Akash Ghosh ... ... for the petitioners Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State It is contended on behalf of the petitioners that 7.7 kgs. of Ganja was recovered from their possession.

Learned advocate appearing for the State opposes the prayer for bail and submits petitioners and co-accuseds were dealing in narcotic substance above commercial quantity i.e. 32.66 kgs. of Ganja. We have considered the materials on record. 24.96 kgs. of Ganja was recovered from the co-accuseds. Pursuant to their statement, petitioners were apprehended and from their possession 7.7 kgs. of Ganja was recovered. Materials on record show petitioners and co-accuseds were acting in concert with one another and dealing in narcotic substance above commercial quantity. In view of the aforesaid incriminating materials and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)