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Calcutta High CourtCRM (NDPS)/1654/2024rejected

Suman Ghosh v. The State Of West Bengal

2024-11-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

13.11.2024.

39.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1654 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Basudebpur P.S. Case No.139 of 2023 dated 30.08.2023 under Sections 21(c)/29 of the NDPS Act and charge sheet submitted under Sections 21(c)/29 of the NDPS Act. In the matter of : Suman Ghosh.

... Petitioner.

Ms. Salma Sultana Shah, Mr. Samiul Haque.

...for the Petitioner.

Mr. Saryati Datta, Mr. Afreen Begum.

...for the State.

1.

Petitioner submits no narcotics was recovered from his possession. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits petitioner and co-accused were travelling together. Co-accused was carrying 450 gms. of heroin. 3.

We have considered the materials on record.

Statements of witnesses and seizure memorandum show the petitioner and co-accused were together and abetted each other in the crime. 450 gms. of heroin was recovered. 4.

In view of the aforesaid materials and 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 14 th of November 2024 04:44:40 PM