Gourav Kumar v. Union Of India

15.11.2022 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 1326 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 31.10.2022 in connection with NCB Crime No.80/NCB/KOL/2021 under Sections 8(c)/20(b)(ii)(c)/27A/29 of the NDPS Act.

And In Re: Gourav Kumar ... ... Petitioner Mr. Soumya Basu Roy Chowdhury ... ... for the petitioner Mr. Dipankar Dandapath ... ... for the NCB It is submitted on behalf of the petitioner that he is in custody for about 222 days. It is further submitted no narcotic substance was recovered from his possession.

Learned advocate appearing for the NCB opposes the prayer for bail and submits money trail between the petitioner and co-accused from whom narcotic substance above commercial quantity was recovered has been traced. Call detail records (CDRs.) also show frequent communications between the parties.

We have considered the materials on record. Prosecution has relied on CDRs. which show frequent communications between the petitioner and co-accused from whom narcotic substance above commercial quantity was recovered. The aforesaid material is corroborated by money trail between the parties. In view of the aforesaid incriminating materials prima facie establishing the charge of conspiracy, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

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