Bicky Molla @ Vicky v. State Of West Bengal

47.

24.02.2025.

Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1959 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Lake Town Police Station Case No.215/2023 dated 08.10.2023 under Section 20(b)(ii)(C)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985. And In the matter of: - Bicky Molla @ Vicky.

...petitioner.

Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Ranadeb Sengupta, Mr. Ronit Mukherjee ...for the State.

1. Report filed by the State be taken on record.

2. Commercial quantity of narcotics was seized from the joint possession of the petitioner.

3. Petitioner claims that below commercial quantity was seized from his possession.

4. Issue as to whether it is joint or exclusive possession needs to be decided at the trial.

5. Trial is in progress.

6. Out of 12 prosecution witnesses, only one was examined. Materials on record do not suggest desirability to enlarge the petitioner on bail.

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

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

9. The prayer for bail is, thus, rejected.

10.

CRM (NDPS) 1959 of 2024 is disposed of.

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