Chotan Sarkar v. State Of West Bengal

27.02.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.4 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (NDPS) 94 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.01.2023 in connection with Alipurduar Range Preventive Unit SI SL No. 2 of 2021 dated 25.07.2021 under Section 20(b)(ii)(c) of the NDPS Act.

And In Re: Chotan Sarkar ... ... Petitioner Mr. Swarup Kumar Mandal ... ... for the petitioner Mr. Aditi Shankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Arjun Chowdhury ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 460.115 kgs. of Ganja, which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials and 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.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)