Dipak Prodhan v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Appellate Jurisdiction 06.06.2022 Serial no.47 [Dd] (Bail Rejected) CRM (NDPS) 162 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 60 of 2019 arising out of Dinhata Police Station Case No. 338 of 2019 dated 09.08.2019 under Section 21 (C) of the NDPS Act. -AndIn the matter of : Dipak Prodhan ... ...Petitioner Mr. Sabir Ali, Advocate ... ... For the Petitioner Mr. Arun Kr. Sarkar, Mr. Biswarup Roy, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the cognizance was taken without the forensic examination report.

Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner.

The order of cognizance of the offence taken by the jurisdictional Court is not under challenge at the behest of the petitioner.

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 not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (NDPS) 162 of 2022 is dismissed.

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