Krishna Roy v. The State Of West Bengal

13.12.2024 Pritam/ct 28 C.R.M. (NDPS) 1830 of 2024 sl no. 08.

In Re : An application for bail under section 483 of the BNSS 2023 in connection with Tehatta P.S case no.27 of 2024 dated 12.01.2024 under sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And Rejected. In Re : Krishna Roy.

... petitioner.

Mr. Amanul Islam, Mr. Sourav Chakraborty ...... for the petitioner.

Mr. Debasish Roy, Ld. P.P.

Mr. Arijit Ganguly, Mr. Kousik Kundu, Mr. Ranadeb Sengupta, Ms. Ratna Ghosh ...... for the State.

1.

Petitioner is in custody for one year.

2.

It is contended that recovery was made from a place which is not in the exclusive possession of the petitioner. 3.

He prays for bail.

4.

Learned lawyer for the State submits that the petitioner and others were present on the spot. Three of them fled away. Petitioner was arrested from the spot.

5.

We have considered the materials on record.

6.

BSF personnel noted presence of petitioner and co-accused with 200 bottles of phensedyl syrup 100 metres away from international border. Three of them fled away but petitioner was arrested on the spot.

7.

From the aforesaid materials, involvement of the petitioner in illegally smuggling narcotics above commercial quantity across international border is disclosed.

8.

Under such circumstances and in view of restrictions of Section 37 of the NDPS Act, we are not inclined to enlarge the petitioner on bail.

9.

Hence, the prayer for bail is rejected.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)