Soumyajit Bar @Lalu v. Narcotics Control Bureau

15.09.2020 pg.

CRM 6525 of 2020 with IA No. CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.237 of 2017 arising out of NCB Crime No.54/NCB/KOL/2017 dated 15th October, 2017 under Sections 20(b)(ii)(c)/29 of the NDPS Act. And In the matter of: Soumyajit Bar @ Lalu ....Petitioner Mr. Debarshi Brahma Mr. Sagnik Mukherjee ...for the Petitioner Mr. Y.J. Dastoor, ld. ASG Mr. Phiroze Edulji Mr. Uttam Basak ...for the NCB The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that more than a year has passed since the previous rejection and there is nothing to proceed against the petitioner since no contraband was recovered from the present petitioner.

It is evident from the previous order of rejection of June 20, 2019 passed by this Court that this Court took notice of 35 kg. of ganja being recovered from the address of the present petitioner. Once so much is seen, the petitioner does not qualify to obtain bail. It may

also be understandable that no criminal trial has been possible for the last six months or so because of the pandemic. CRM 6525 of 2020 and the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)