Calcutta High CourtCRM(NDPS)/106/2022dismissed

Md.Meherul v. The State Of West Bengal

2022-06-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

06.06.2022 CALCUTTA HIGH COURT

IN THE CITCUIT BENCH AT JALPAIGURI

Ct. No. 01 APPELLATE JURISDICTION KAUSHIK REJECTED C.R.M. (NDPS) 106 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar Police Station Case No. 75 of 2022 dated 12.01.2022 under Section 21(C)/22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Md Meherul ...... petitioner Mr. Hillol Saha ....for the petitioner Mr. Niloy Chakraborty Mr. Biswarup Roy ....for the State Report as called for by the order dated May 13, 2022 filed in Court be taken on record.

The report does not disclose that the petitioner is suffering from such a medical condition as to be enlarged on bail in a case where the petitioner is accused under the provisions of the NDPS Act, 1985.

Considering the fact that commercial quantity of 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.

In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (NDPS) 106 of 2022 is dismissed.

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