Raju Sarkar v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 05.6.2023 AT JALPAIGURI Court No.01 Item No. 45 ar Rejected CRM (NDPS) 299 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagdogra Police Station Case No. 201 of 2022 dated 01.5.2022 under Sections 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

And In Re: Raju Sarkar .... Petitioner Mr. Arunava Paul ... For the Petitioner Mr. Kallol Acharjee Mr. Saikat Chatterjee ... For the State Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel appearing for the State opposes the prayer for bail. It is also submitted that the petitioner is married. We have considered the materials on record. From the contemporaneous documents i.e. seizure memorandum show recovery of 52.600 kgs. of ganja from the petitioner.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. CRM 299 of 2023 is accordingly disposed of.

However, we direct the learned trial court to take immediate step for framing of charge as expeditiously as possible.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Raja Basu Chowdhury, J.) (Soumen Sen, J.)