Rajesh Roy v. The State Of West Bengal

50.

14.07.2023 Court No.1 Tanmoy Ghosh Rejected CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (NDPS) 447 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Madarihat Police Station Case No. 193/2022 dated 16.11.2022 under Sections 20(c)/25/29 of the NDPS Act, 1985. NDPS Case No. 129/2022. And In the matter of: - Rajesh Roy ...petitioner.

Mr. Arnab Saha, Adv.

...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Biswarup Roy, Adv.

...for the State.

We have heard learned Advocate for the petitioner and learned Advocate for the State at length.

On a perusal of the entire material in the case diary it appears that commercial quantity of contraband material was seized from the possession of the present accused/petitioner. Considering the statutory restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not inclined to exercise our discretion under Section 439 of the Code of Criminal Procedure, 1973, in favour of the present accused/petitioner and accordingly the prayer for bail is rejected.

The application for bail being CRM (DB) 447 of 2023 is accordingly dismissed.

(Arijit Banerjee, J.) (Partha Sarathi Sen, J.)