Mahatab Ali v. The State Of West Bengal

AD-34 Ct No.01 Jalpaiguri 02.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 19 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.01.2023 in connection with NDPS Case No. 124 of 2022 arising out of Madarihat Police Station Case No. 184 of 2022 dated 30.10.2022 under Section 22(c) of the NDPS Act.

And In the matter of: Mahatab Ali .... petitioner Mr. Arijit Ghosh, Mrs. Swarnali Ghosh (Sengupta) ... for the petitioner Mr. Kallol Acharjee, Mr. Aniruddha Biswas ... for the State The petitioner submits that the petitioner is in custody for 94 days.

Learned counsel for the petitioner also contends that 384 strips of Spasmo Proxyvon were recovered from the petitioner. The nature of the said drugs carried by the petitioner at the relevant juncture do not come within the definition of narcotic substance. Learned counsel for the State opposes the prayer for bail of the petitioner and refutes the contention of the petitioner. It is submitted by the State that the contents found from the petitioner are above commercial quantity and are very well narcotic substances. That apart, since the investigation is going on, it is too early to consider grant of bail to the petitioner.

Upon hearing learned counsel, we are convinced that there is substance in the contention of the State.

As such, CRM (NDPS) 19 of 2023 is dismissed.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)