Gobindo Malakar v. State Of West Bengal

13.10.2022 JCB 3 In the High Court at Calcutta Ct.No.28 Circuit Bench at Jalpaiguri Sourav/ Criminal Miscellaneous Jurisdiction Suvayan (Rejected) C.R.M. (NDPS) 338 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 313 of 2021 dated 17.06.2021 under Sections 20(ii)(c)/25/29 of the NDPS Act.

In the matter of : Gobindo Malakar ... Petitioner.

Ms. Jeenia Rudra ...for the Petitioner.

Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Mr. Biswarup Roy ....for the State.

Heard learned lawyers for the parties.

Petitioner is in custody for one year and three months. He prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statements of witnesses and contemporaneous document show recovery of 26.675 Kgs. of Ganja from the petitioner and the co-accused who were travelling in a vehicle.

In view of aforesaid circumstances and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)