Laltu Ghosh And ANR v. Union Of India

06.11.2024 sdas rejected C.R.M.(NDPS) No. 1505 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita in connection with NCB Crime No. 03/NCB/KOL/2024 dated 06.03.2024 under Section 20(b)(ii)(c ) of the NDPS Act for violation of prohibition imposed under Section 8(c ) of the NDPS Act..

And In Re : Laltu Ghosh & Anr. .... petitioners Mr. Angshuman Chakraborty Mr. S. S. Saha ....for the petitioners Mr. Gauranga Kumar Das Mr. Somnath Adhikary ... for the NCB 1.

Learned Counsel for the petitioners submits they are in custody for six months and five months respectively. No narcotics was recovered from their possession. Accordingly, they pray for bail.

2.

Learned Counsel for NCB opposes the bail prayer and submits petitioner no. 1 was using a Bangladeshi SIM Card and made international calls to one Majid Mia, a Bangladeshi national to whom narcotics was to be supplied. Tower location of the mobile phones matched with that of co-accused from whom narcotics was recovered.

3.

We have considered the materials on record. A Bangladeshi SIM Card was being used by petitioner no. 1 to contact one Majid Mia, another Bangladeshi. Tower location of Signed By :

SHANTANU DAS High Court of Calcutta 8 th of November 2024 03:42:02 PM

both the petitioners had matched with co-accused from whom narcotics was recovered. In view of the aforesaid incriminating materials which disclose nexus between the petitioners and coaccused Bhim Biswas in smuggling narcotics across international border we are not inclined to grant bail to the petitioners at this stage.

4. Application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 8 th of November 2024 03:42:02 PM