Babar @ Mosebul v. State Of West Bengal

03.01.2023 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 1545 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Goalpokher Police Station Case No.271 of 2021 dated 09.08.2021 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No.59 of 2021) And In Re: Babar @ Mosebul ... ... Petitioner Md. Nauroz Rahber ... ... for the petitioner Mr. T. D. Nandy Mr. Antarikhya Basu ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 11⁄2 years. It is further submitted petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail.

Materials on record show recovery of 20 kgs. 800 gms. of Ganja in two bags from the house of the petitioner. In view of the aforesaid incriminating materials and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

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