Calcutta High CourtCRM (NDPS)/2007/2024dismissed as rejected

Bimal Biswas v. The State Of West Bengal

2025-02-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

26.02.2025 Item No.19 Court No. 26 CHC Rejected CRM (NDPS) 2007 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnaganj Police Station Case No. 486 of 2023 dated 02.12.2023 under Sections 21(c)/20(b)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 25(1-B)(a) of the Arms Act, corresponding to NDPS Case No.85 of 2023.

-AndIn the matter of : Bimal Biswas ... ...Petitioner Mr. Prabir Majumder, Advocate Mr. Dipanjan Chatterjee, Advocate Ms. Sangeeta Chakraborty, Advocate Ms. Kakan Das, Advocate ... ... For the Petitioner Mr. Jaydeep Ray, Jr. Govt. Advocate Mr. Rajes Jana, Advocate ... ...For the State

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that, no contraband was recovered from the possession of the petitioner. The alleged recovery was not vediographed. Forensic Science Laboratory report was not submitted along with charge sheet. Petitioner is falsely implicated.

3. Learned advocate appearing for the State submits that, the commercial quantity of contraband was seized from the house belonging to the petitioner. The trial is in progress. F.S.L

report was submitted along with charge sheet. The seizure was videographed by the Border Security Force authorities.

4. Materials on record demonstrate that, the trial is in progress. F.S.L report stands submitted before the jurisdictional Court. There is videography of the search and seizure made by the B.S.F authorities.

5. Commercial quantity of contraband was seized from the house belonging to the petitioner.

6. Constructive possession of the petitioner over the seized commercial quantity of contraband cannot be overlooked at this stage.

7. In such circumstances, we are of the view that, the petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act. We are not inclined to grant bail to the petitioner.

8. Prayer for bail of the petitioner is rejected.

9. CRM(NDPS) 2007 of 2024 is dismissed.

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