Hellal Sk v. The State Of West Bengal

20-11-2024 CRM (NDPS) 1398 of 2024 (ct. no.29) S. De In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

- A n d - In the matter of : Hellal Sk. .... Petitioner. Mr. Arnab Chatterjee, ... For the Petitioner. Mr. Koushik Kundu, Mr. Kanchan Roy, ... For the State. Order dictated by Arijit Banerjee, J.

1. Read order dated September 17, 2024.

2. The FSL report is placed before us today. The samples have tested positive for the presence of narcotics.

3. In view of commercial quantity of contraband items being involved and keeping in mind the restriction in Section 37 of the NDPS Act, we are not inclined to allow the petitioner's prayer for bail.

4. CRM (NDPS) 1398 of 2024 is dismissed.

5. The petitioner also tried to urge that the inventory of the seized goods was not made before the judicial Magistrate. The State disputes such contention. This is a factual aspect and the petitioner will be at liberty to urge this point before the learned Trial Court.

6. Since the petitioner is in custody for more than 11 months, we request the learned Trial Court to expedite the trial to the extent possible and conclude the same on an early date.

7. Let this order be communicated to the learned Court below by the parties.

(Apurba Sinha Ray, J.) ( Arijit Banerjee, J. ) Signed By :

SANDIP DE High Court of Calcutta 21 st of November 2024 01:05:46 PM