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Calcutta High CourtCRM (NDPS)/2006/2024dismissed as rejected

Rashika Rajwar v. The State Of West Bengal

2025-02-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

25.02.2025 DL-60 Court No.26 CRM (NDPS) 2006 of 2024 (Bail Rejected) (AD) In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 50 of 2024 arising out of Bidhannagar South Police Station Case No.89 of 2024 dated 04.06.2024 under Sections 22(c)/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the Learned Judge, Special Court under NDPS Act cum Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas.

-AndIn the matter of : Rashika Rajwar ... ...Petitioner Mr. Ayan Bhattacharya, Ld. Sr. Advocate Mr. Pawan Kumar Gupta, Advocate Mr. Vijay Verma, Advocate Mr. Subrata Saha, Advocate ... ... For the Petitioner Ms. Anasuya Sinha, Ld. APP Mr. Samarjit Balial, Advocate ... ...For the State 1.

Commercial quantity of contraband was seized from the joint possession of the petitioner.

2.

The issue as to whether, there is a break in the chain of the custody of the contraband or not, may be decided at the trial. 3.

Period of custody is slightly in excess of 238 days. 4.

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

5.

In such circumstances, we are not inclined to grant bail to the petitioner.

6.

Accordingly, the prayer for bail of the petitioner is rejected. 7.

CRM (NDPS) 2006 of 2024 is dismissed.

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