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Calcutta High CourtCRM (NDPS)/1194/2022rejected

Bishnu Saha v. State Of West Bengal

2022-11-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

03.11.2022 Sl. No.12 akd [Rejected] C. R. M. (NDPS) 1194 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.10.2022 in connection with Sankrail Police Station Case No.

of dated 24.12.2021 under Sections 20(b)(ii)(c)/25/27A/28/29 of the NDPS Act.

And In Re: Bishnu Saha ... ... Petitioner Mr. Tapan Roy ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ... ... for the State Petitioner renews his prayer for bail.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses show petitioner and co-accused were arrested at the spot while transporting narcotic substance i.e. 602.500 kgs. of Ganja, which is above commercial quantity in vehicles. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

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