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Calcutta High CourtCRM(NDPS)/73/2022rejected

Muntyaz Khan v. State Of West Bengal

2022-04-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.04.2022 Sl. 02 Court No.29 suvayan (rejected)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 73 of 2022 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.03.2022 in connection with Ghoksadanga P.S. case No. 275 of 2020 dated 21/11/2020 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act 1985.

And In the matter of: Muntyaz Khan ....petitioner.

Mr. Sobhan Manjumer ...for the petitioner.

Mr. Aditi Shankar Chakroborty Mr. Tapan Bhattacharjee ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is the helper of the vehicle which the commercial quantity of narcotic was seized.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary.

Considering the fact that commercial quantity of narcotic was seized from the vehicle in respect of which, the petitioner claims the helper of the vehicle, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Consequently, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 73 of 2022 is dismissed.

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