Nur Chhamad Haque @ Nur Samad Haque v. The State Of West Bengal

04.03.2022 CIRCUIT BENCH OF CALCUTTA HIGH COURT COURT : 01 ITEM : 02 MATTER : 439 STATUS : REJECTED AT JALPAIGURI TRANSCRIBER : nandy CRM (NDPS) 23 of 2022 In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on January 21, 2022 in connection with Tufanganj Police Station Case No. 112 of 2021 dated 13.03.2021 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Case No. 36 of 2021) And In the matter of: Nur Chhamad Haque @ Nur Samad Haque

...Petitioners

Mr. Arjun Chowdhury, Advocate ...for the Petitioners Mr. Nilay Chakraborty, Advocate Mr. Tapan Bhattacharjee, Advocate ...for the State The petitioner is seeking bail in connection with Tufanganj Police Station Case No. 112 of 2021 dated 13.03.2021 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

This is an application for bail at the behest of the petitioner who has been apprehended in connection with the aforementioned case having allegedly posseses the contraband above the commercial quantity. When the bail application was moved earlier it was not indicated that the contraband allegedly recovered is above the commercial quantity.

Our attention is drawn to the original case diary produced by the State, wherefrom we find the specification of the bottles containing the contraband. Since contraband above commercial quantity is allegedly recovered and in view of the bar created under Section 37 of the NDPS Act we do not find any justification in taking exception thereto.

Accordingly, the prayer for bail is rejected. The application being CRM (NDPS) 23 of 2022 is dismissed at this stage.

Since charge-sheet has already been submitted, the learned Judge of the Special Court under NDPS Act, is requested to expedite the trial.

(Harish Tandon, J) (Rabindranath Samanta, J)