Biplab Deb v. State Of West Bengal
In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 29.06.2022 cm/ct 28 C.R.M. (NDPS) No. 189 of 2022 JC no. 4 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 118 of 2021 arising out of Sitai P.S Case No. 164 of 2021 dated 08.10.2021 under Sections 21 ( c )/29 of the NDPS Act, 1985.
Rejected And In Re : Biplab Deb ..... petitioner Mr. Kalyan Kr. Chakraborty Mr. Kasinath Bhattyacharya Mr. Ashok Halder ...... for the petitioner Mr. Aditi Shankar Chakraborty, ld. A.P.P.
Mr. Nilay Chakraborty ...... for the State Heard the learned advocates appearing for the parties. We have considered the materials on record. Statements of witnesses and contemporaneous document namely, seizure list disclose recovery of narcotic substance i.e. 265 grams of Heroin which is above commercial quantity from the vehicle which was driven by the petitioner.
In view of the aforesaid incriminating materials and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)