Karan Das v. The State Of West Bengal

27.02.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.26 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (NDPS) 149 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 31.01.2023 in connection with Kotwali Police Station Case No.632 of 2021 dated 29.11.2021 under Section 20(c) of the NDPS Act. (NDPS Case No.115 of 2021) And In Re: Karan Das ... ... Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das ... ... for the petitioner Mr. Abhijit Sarkar Mr. Saikat Chatterjee ... ... 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 narcotics above commercial quantity from the petitioner. Delay in the matter is due to abscondance of co-accused. Under such circumstances 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.

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