Rinku Dey Sarkar v. State Of West Bengal

03.11.2022 Sl. No.6 akd [Rejected] C. R. M. (NDPS) 1154 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.09.2022 in connection with Balurghat Police Station Case No. 294 of 2022 dated 27.04.2022 under Sections 21(c)/22(c)/23(c)/25/27A/28/29 of the NDPS Act. And In Re: Rinku Dey Sarkar ... ... Petitioner Ms. Busra Khatoon ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 63 days. It is further submitted no narcotic substance was recovered from his possession.

Learned advocate appearing for the State submits report with regard to the complicity of the petitioner in the alleged crime. The said report be kept with the record.

We have considered the materials on record. Statements of independent witnesses as well as the wife of the petitioner show that the petitioner had entered into conspiracy with co-accused to deal in narcotic substance above commercial quantity. In view of the aforesaid incriminating materials, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

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