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Calcutta High CourtCRM (NDPS)/1064/2022rejected

Budun Sekh v. State Of West Bengal

2022-09-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

20.09.2022.

12.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1064 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.29 of 2022 arising out of Ketugram P.S. Case No.247 of 2022 dated 30.05.2022 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act.

In the matter of : Budun Sekh.

... Petitioner.

Mr. Arunava Ganguly.

...for the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan.

...for the State.

Petitioner is in custody for 100 days. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. From the possession of co-accused 21.5 kgs. of ganja was recovered. On their statements, petitioner was apprehended and 7.5 kgs. of ganja was recovered from his possession. The aforesaid materials show petitioner and co-accuseds were dealing in narcotic substance above commercial quantity. In view of the aforesaid incriminating materials on record and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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