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Calcutta High CourtCRM(NDPS)/229/2023rejected

Shainur Bibi@Sainur Bibi And ANR v. The State Of West Bengal

2023-02-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

In the High Court at Calcutta Circuit Bench At Jalpaiguri Appellate Side 28.02.2023 sdas rejected C.R.M. (NDPS) No. 229 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Phasidewa Police Station Case No. 570 of 2020 dated 10.12.2020 under Sections 20(b)(ii)(c ) of the NDPS Act.

And In Re : Shainur Bibi @ Sainur Bibi & Anr. ..... petitioners Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar ... for the petitioners Mr. Aditi Shankar Chakraborty, learned APP Mr. Tapan Bhattacharjee Mr. Kallol Nag ... for the State Learned Counsel for the petitioners submits they are in custody for over two years. It is also submitted they have been falsely implicated. They pray for bail.

Learned Counsel for the State opposes the prayer for bail and submits trial is in progress.

We have considered the materials on record. Recovery is the tune of 63.700kgs. of Ganja from the joint possession of the petitioners when they were travelling in a bus. Trial is in progress. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

The application for bail is, thus, rejected.

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