Sahil Ali v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 05.6.2023 AT JALPAIGURI Court No.01 Item No. 46 ar Rejected CRM (NDPS) 302 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Siliguri Police Station Case No. 154 of 2022 dated 29.01.2022 under Sections 21(c)/22(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

And In Re: SahilAli .... Petitioner Mr. Arunava Paul ... For the Petitioner Ms. Aditi Shankar Chakraborty Mr. Sourav Ganguly Mr. Biswarup Roy ... 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 appears that earlier the petitioner filed an application for bail being CRM (NDPS) 131 of 2023 and the said application was rejected on 27th February, 2023 on the following observation:- "On the other hand, statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 50 bottles of cough syrup containing codeine phosphate, which is above commercial quantity from the possession of the petitioners. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners."

There is no change in the circumstances. Accordingly, we do not find any reason to revisit the issue.

The prayer for bail of the petitioner is thus rejected. CRM 302 of 2023 is accordingly disposed of.

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.)