Debraj @ Antu Das @ Pranab Kr Das And ANR v. State Of West Bengal
01. 12 . 2020 CRM 9531 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Balurghat Police Station Case No. 228 of 2020 dated 07.07.2020 under Sections 21(c )/22( c )/23 (c )/25/ 27A of NDPS Act.
BP/BR Sl. 12 In the matter of : Debraj @ Antu Saha @ Pranab Kumar Saha & Anr.......petitioners Mr. Debabrata Acharya ..for the petitioners.
Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ..for the State.
Leave as prayer for is granted to the petitioners to correct the cause title of the petitioner no.1 here and now.
It is submitted by the learned advocate for the petitioners that no contraband articles were recovered from the petitioners. Only it was recovered from 3rd persons who are arrested. Therefore, court should consider the application for bail in respect of the petitioners.
Learned advocate for the State opposes the
prayer for bail and produces the case diary. He further contends that since the entire contraband articles were recovered jointly from three persons so the petitioners cannot escape from their liabilities. It is further contended that investigation is in progress. Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary, in our considered view, since the entire contraband articles were recovered jointly from the three persons, therefore, the present petitioners' application for bail should not be allowed. Accordingly, the application for bail is rejected. The application for bail being C.R.M. 9531 of 2020 is disposed of.
(Samapti Chatterjee, J. ) (Kausik Chanda, J.)