Pawan Baheti v. State Of West Bengal
02.06.2022 (Vacation) SL No.1 Ct. 5 Saswata (Rejected)
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 176 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Alipurduar Jn. GRPS Police Station case no. 4 of 2021 dated 29.07.2021 under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.
And In the matter of: Pawan Baheti ....Petitioner Mr. Debapratim Guha Ms. Anchita Sarkar ...for the Petitioner Mr. Nilay Chakraborty Mr. Biswarup Roy ...for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is in custody for about 323 days. Although it was alleged that 22.48 kgs of ganja was seized from the present petitioner, on the same day and at the same place of occurrence other seizures were effected from the co accused. From one co accused 5.25 kgs of ganja was recovered and from the other accused 10.39 kgs of ganja was recovered. One wonders how such segregation could be made since the seizure was made from the same place at the same time. By taking advantage of seizure of such smaller quantity of ganja, the other two accused could obtain bail. A charge sheet has already been submitted in this regard.
Learned counsel for the State submits that grant of bail to the two other accused would not help the petitioner in any way
because a commercial quantity of contraband was seized independently from the present petitioner. If the entire quantity of contraband is shown to have been seized from the joint possession of the three, the quantity would only go up. We have heard the learned counsel appearing on behalf of the parties and have perused the case diary.
Considering the alleged complicity of the present petitioner and in view of the restriction contained in Section 37 of the NDPS Act, the petitioner's application for bail is rejected at this stage.
However, the learned Judge, Special Court under NDPS Act, Jalpaiguri is requested to expedite the proceeding. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.) (Sugato Majumdar, J .)