Prokash Dubey v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 21.02.2022 Sl. JCB4 Court No.29 sourav (Rejected) C.R.M. (NDPS) 49 of 2022 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.02.2022 in connection with Dinhata P.S. Case No. 476 of 2021 dated 12.09.2021 under Sections 21(C)/29 of the NDPS Act, 1985 corresponding to NDPS Case No. 106 of 2021.

And In the matter of: Prokash Dubey ....petitioner.

Ms. Suman Sehnabis Ms. Atulya Sinha ...for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Tapan Bhattacharyya ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that there are gross anomalies in the procedure of seizure. Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner.

Considering the fact commercial quantity of the narcotic was seized from the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant bail to the petitioner. The so-called anomalies of the seizure may be looked into and considered at the time of trial.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 49 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)