Ritesh Chhetri v. The State Of West Bengal

THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI 13.05.2024. C.R.M. (NDPS) 216 of 2024 36/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Birpara PS case no.154 of dated 21.10.2023 under sections 21(c)/25/29 of the NDPS Act.

and In the matter of : Ritesh Chhetri ... Petitioner Mr. S Karmakar Ms. M Sarkar Mr. Akash Routh ...for the Petitioner Mr. A S Chakraborty, ld APP Mr. Kallol Nag ...for the State.

1. Petitioner contends recovery was made from the house of Rajesh Chhetri who is in custody. Other co-accused are on bail. Accordingly, He prays for bail.

2. Leavened lawyer for the State submits petitioner is the son of Rajesh Chhetri, an elderly man. He is involved in illegal narcotics trade. Female members of the family have been enlarged on bail.

3. We have considered the materials on record. Statements of witnesses and contemporaneous documents show recovery of nine cartoons of cough syrup containing codeine phosphate above commercial quantity from the house of Rajesh Chhetri. Petitioner is the son of Rajesh Chhetri. Female members of the family have been enlarged on bail. Petitioner cannot claim parity with them. There are prima

facie materials implicating the petitioner with regard to illegal possession of narcotics.

4. Accordingly, prayer for bail is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)