Jowat Mansari@Jawad Mansuri v. The State Of West Bengal

THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI 14.05.2024. C.R.M. (NDPS) 165 of 2024 3/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Reang PS case no.21 of 2023 dated 7.4.2023 under sections 22(c) of the NDPS Act.

and In the matter of : Jowat Mansari @ Jawad Mansuri ....... Petitioner Ms. M Dutta ...for the Petitioner Mr. Kallal Acharjee Mr. Dhiman Sil ...for the State.

1. Heard learned lawyers for the parties.

2. We have considered the materials on record. Narcotics above commercial quantity was recovered from the petitioner. Charge has been framed and date has been fixed for recording evidence.

3. Learned counsel for the petitioner strenuously relies on a bail order passed in another case.

4. It is trite that each case is based on its factual matrix and bail order in a different case cannot be binding precedent in the present one.

5. In light of the aforesaid and statutory restrictions under sections 37 of the NDPS Act we are not inclined to grant bail to the petitioner.

6. Accordingly, prayer for bail is rejected.

7. Trial court is requested to expedite the trial as expeditiously as possible.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)