Sahimina Biswas v. State Of West Bengal

07.11.2022 Sl. No.19 akd [Rejected] C. R. M. (NDPS) 1305 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.09.2022 in connection with Bagdah Police Station Case No.391 of 2022 dated 28.05.2022 under Section 21(c) of the NDPS Act.

And In Re: Sahimina Biswas ... ... Petitioner Mr. Jayanta Narayan Chatterjee Ms. Nandini Chatterjee Mr. Nazir Ahmed Mr. Supreem Naskar Ms. Jayashree Patra Ms. Sreeparna Ghosh Ms. Pritha Sinah ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about 164 days. It is further submitted petitioner is not the principal accused.

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

We have considered the materials on record. Petitioner and her husband were present in the vehicle wherefrom narcotic substance i.e. 1500 pieces of Yaba tablets were recovered. Keeping in mind the aforesaid incriminating materials and the statutory presumptions under Sections 35/54 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.)