Manirul Islam @ Idul v. The State Of West Bengal

25.02.2025 Serial no. 50 [Dd] (Bail Rejected) CRM (NDPS) 1954 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 764 of 2020 dated 05.10.2020 under Sections 14A(a)(b) of the Foreigners Act read with Section 27 of the Drugs and Cosmetic Act.

-AndIn the matter of : Manirul Islam @ Idul ... ...Petitioner Mr. Pervej Anam, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee Ms. Snigdha Saha, Advocates ... ...For the State

1. Petitioner is a foreign national.

2. We are not inclined to extend the benefit of Article 21 of the Constitution of India so far as petitioner before us is concerned in parity with other co-accuseds who were granted such facility considering the fact that the coaccused are Indian nationals while the petitioner is not.

3. There is every possibility of the petitioner as a foreign national while on bail and the petitioner not standing trial.

4. Commercial quantity of contraband is involved in the police case.

5. Petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

6. Consequently, we are not inclined to grant bail to the petitioner.

7. Prayer for bail of the petitioner is rejected.

8. CRM (NDPS) 1954 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)