Jahangir Hossain v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 01.03.2023. C.R.M. (NDPS) 179 of 2023 19/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dinhata P.S case no.310 of 2018 dated 11.8.2018 under sections 21(c) of the NDPS Act.

In the matter of : Jahangir Hossain ... Petitioner Mr. Jagriti Mishra Mr. Sabir Ali Mr. D Goswami Mr. S Gupta Mr. R Kumar Mr. R Mitra Ms. A Bhattacharya ...for the Petitioner Mr. Aditi Shankar Chakraborty Mr. K Nag ...for the State.

It is submitted on behalf of the petitioner that there is discrepancy with regard to date of recovery. Statements of independent witness are ambiguous with regard to manner of recovery. He renews his prayer for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits in July 2022. Petitioner had absconded for a protracted period of time. Documents recovered from e-rickshaw show close nexus to the recovery.

Under such circumstances we are not inclined to grant bail to the petitioner.

Accordingly, prayer for bail is rejected.

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