Marjina Bibi v. State Of West Bengal

04.11.2022 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 1238 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.10.2022 in connection with Domkal Police Station Case No. 219 of 2022 dated 09.04.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.90 of 2022) And In Re: Marjina Bibi ... ... Petitioner Ms. Minoti Gomes Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... ... for the State It was submitted on behalf of the petitioner that her divorced husband was dealing in narcotic substance.

In view of such submission, report with regard to the authenticity of such plea was called for. Such report is placed on record. From the report it appears petitioner and her husband are residing in the same premises. From the said premises narcotic substance above commercial quantity was recovered. Hence, plea with regard to severance of marital tie ought to be taken with a pinch of salt. Husband of the petitioner is absconding.

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.)