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Calcutta High CourtCRM(NDPS)/14/2025rejected

Samir Raha v. The State Of West Bengal

2025-02-17Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 17.02.2025 Court No.01 rpan / 03 CRM (NDPS) 14 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pradhan Nagar Police Station Case no. 618 of 2024 dated 21.09.2024 under Sections 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act to C. R. NDPS Case no.71/2024;

And In Re: Samir Raha - Petitioner Ms. Chanda Jha ... for the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Biswarup Roy ... for the State.

Ms. Jha, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated by lodging a false FIR. She alleges that the signature of the Inspector-in-Charge in the FIR does not tally with the signature, as incorporated in the seizure list. The petitioner has already suffered detention for more than 146 days and that as such, further detention of the petitioner is not necessary and he may be enlarged on bail.

Mr. Roy, learned advocate appearing for the State opposes the petitioner's prayer and submits that contraband substance above commercial quantity was recovered from the possession of the petitioner and that investigation is still continuing.

Having heard the learned advocates and considering the materials on record, including the seizure list, we are not inclined to exercise discretion in favour of the petitioner as contraband substance above commercial quantity was recovered from his possession which attracts the statutory restrictions.

Accordingly, the application for bail, being CRM (NDPS) 14 of 2025 is dismissed at this stage.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)