Gosai Roy v. State Of West Bengal

07.11.2024.

46.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1579 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection NDPS Case No.91 of 2023 arising out of Gangarampur P.S. Case No.538 of 2023 dated 24.11.2023 under Sections 21(C)/25/27A/29 of the NDPS Act.

In the matter of : Gosai Roy.

... Petitioner.

Mr. Kaushik Choudhury, Ms. Munmun Dutta.

...for the Petitioner.

Mr. Iqbal Kabir, Mr. Tapas Kr. Saha.

...for the State.

1.

Petitioner submits no narcotics was recovered from his possession. He is in custody for 167 days. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits during interrogation petitioner led the investigating team to the house of the principal accused viz., Gagan Paul and on his showing a consignment of 1000 bottles of phensedyl syrup was recovered.

3.

We have considered the materials on record. Petitioner is a member of an organized drug racket. 3300 bottles of phensedyl syrup were being transported in two traucks. Raiding team apprehended the said consignment. After the petitioner was arrested, on his showing another consignment of 1000 bottles of phensedyl syrup was recovered. Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:49:09 PM

4.

In view of the aforesaid incriminating materials and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. 5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:49:09 PM