Calcutta High CourtCRM(NDPS)/278/2023rejected

Shohor Ali And ANR v. The State Of West Bengal

2023-05-10Hon'Ble Justice Arindam Mukherjee,Hon'Ble Justice Ananya Bandyopadhyay1 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 10.05.2023 Court No.1 (sb 67) CRM(NDPS) 278 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Matigara Police Station Case No.1355 dated 27.11.2021 under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

And In the matter of: Shohor Ali & Anr.

. .. . . . . .Petitioners.

Ms. Chanda Jha ... For the Petitioner.

Mr. Abhijit Sarkar Mr. Biswarup Roy ... For the State.

1. Statement of witnesses and the contemporaneous documents show recovery of 103 kgs of contraband articles (ganja) from the petitioners.

2. Although charges have been framed it is alleged that the trial has not commenced yet.

3. Keeping in mind the quantity of contraband recovered and that the presumption under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 is not rebutted and as such, the prayer for bail of the petitioner is rejected at this stage.

4. Accordingly, CRM (NDPS) 278 of 2023 is disposed of. (Ananya Bandyopadhyay, J.) (Arindam Mukherjee, J.)