Sahirul Islam v. State Of West Bengal

15.01.2020 Court No.28 SL No.126 AP CRM 530 of 2020 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.01.2020 in connection with Bhaktinagar P.S. Case No.244 of 2019 dated 27.03.2019 under Sections 20(b)(ii)(c) of the NDPS Act.

And In the matter of: Shairul Islam ....Petitioner.

Mr. Pronojit Roy ...for the Petitioner.

Mr. Partha Pratim Das ...for the State.

We perused the order refusing statutory bail. It is trite law that the statutory period of detention is to be computed from the date of remand and not from the date of arrest. Hence, we find no reason to interfere with the said order. On merits, we find that the petitioner is involved in dealing with narcotic substance above commercial quantity. Under the facts and circumstances of the case and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. The application for bail is, thus, rejected.

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