Rostam Mia @ Rustam Miah v. State Of West Bengal

23. 09 . 2020 CRM 6666 of 2020 With CRAN 1 of 2020 (Via Video Conference) BP/BR Sl. 14 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Sitalkuchi Police Station Case No. 244 of 2019 dated 22.10.2019 under Sections 21( c )/29 of the NDPS Act. In the matter of : Rostam Mia @ Rustam Miah. .... petitioner Mr. Hillol Saha Poddar ..for the petitioners.

Mr. Niloy Chakraborty ..for the State.

The learned advocate for the petitioner submits that the seizure list which has been submitted before the learned court below reflects the illegality which was initiated at the inception of the case. Learned advocate for the petitioner further submits that in view of the passage of time after which the BSF authority produced the same before the local police station there is scope for the petitioner being falsely implicated in the case.

Learned advocate for the State is present.

We have perused the materials in the memorandum of evidence as also the other documents so produced before this court and we find that the seizure was allegedly effected from the present petitioner and the same is of commercial quantity.

Having regard to the provisions of Section 37 of the NDPS Act, we are not inclined to release the petitioner on bail.

Accordingly, the prayer for bail is rejected. The application for bail being C.R.M. 6666 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)