Alamgir Sk @ Alam v. State Of West Bengal

14.12.2020 tkm/ct 28 C.R.M. 10341 of 2020 sl no. 75 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Domkal P.S case no. 142 of 2020 dated 9.3.2020 under section 21(c) of the NDPS Act And In Re : Alamgir Sk @ Alam ........ petitioner Mr. A Islam ...... for the petitioner Mr. Swapan Banerjee Mr. Suman De ...... for the State Petitioner prays for statutory bail.

We note that prayer for extension of the period of detention pending investigation as per section 364m (4) NDPS Act was made prior to the expiry of the statutory period. Subsequently, prayer was granted and bail prayer was rejected.

As the application for extension of the period of detention under the aforesaid provision of law was made prior to the expiry of 180 days, we are of the opinion petitioner is not entitled to statutory bail.

That apart, there are materials connecting the petitioner with the alleged possession of narcotic substance above commercial quantity. Thus, on merits also, we are not inclined to grant bail to the petitioner.

Accordingly prayer for bail is rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)