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Calcutta High CourtCRM (NDPS)/1339/2022rejected

Damandeep Singh v. Union Of India

2022-11-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

24.11.2022 sdas CRM(NDPS) No. 1339 of 2022 (CRAN 1 of 2022) In Re : An application for modification of the order dated 16.11.2022.

AND In Re : Damandeep Singh ...... applicant/petitioner Mr. Biswajit Goswami ..... for the applicant/petitioner Mr. Arun Kumar Maity Mr. Asit Kumar Dey .... for the NCB Heard the learned Counsel appearing for the applicant/petitioner.

Issues raised in the application revolve around defence materials to rebut the presumption of conscious knowledge of transportation of narcotics in the vehicle.

Admittedly, applicant/petitioner is the owner of the vehicle. Such issue may be agitated in the course of the trial. However, in the light of the statutory presumptions and restrictions under Section 37 of the NDPS Act, we do not find any merit to recall our order rejecting the prayer for bail.

Accordingly, application being CRAN 1 of 2022 is dismissed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)