← Library
Calcutta High CourtCRM (NDPS)/1828/2023rejected

Rafikul Islam Mandal v. State Of West Bengal

2023-11-09Hon'Ble Justice Biswajit Basu,Hon'Ble Justice Raja Basu Chowdhury2 pages

09.11.2023 Court No.8 Item. 05 (Sandip/Suvendu) CRM(NDPS) 1828 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Raninagar Police Station Case No. 177 of 2021 dated 10.04.2021 under Sections 21(C)/29 of the NDPS Act, 1985 pending in the Court of the learned Judge, Special Court under NDPS Act cum Additional District Judge, 2nd Court, Berhampore, Murshidabad being NDPS Case No. 64 of 2021.

And In the matter of: Rafikul Islam Mandal . .. . . . . .Petitioner.

Md. Golam Nure Imrohi for the petitioner.

Mr. Arijit Ganguly Ms. Jonaki Saha for the State.

The prayer for bail of the petitioner was earlier rejected by a coordinate Bench of this Court on April 12, 2023. We have heard the learned advocates for the parties and considered the materials on record.

The petitioner is the owner of the vehicle involved in carrying the narcotics above the commercial quantity.

In view of prima facie involvement of the petitioner and considering the restriction contemplated under Section 37 of the NDPS Act, we are not inclined to grant bail.

CRM (NDPS) 1828 of 2023 is accordingly rejected.

(RAJA BASU CHOWDHURY, J.) (BISWAJIT BASU, J.)