Calcutta High CourtCRM(NDPS)/691/2023dismissed

Gouranga Barman And ANR v. The State Of West Bengal

2023-09-20Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar2 pages

AD-53 Ct No.01 Jalpaiguri 20.09.2023 SP Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 691 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.09.2023 in connection with Birpara Police Station Case No. 163 of 2022 dated 12.10.2022 under Section 21(C)/25/29 of the NDPS Act, 1985.

And In the matter of: GOURANGA BARMAN AND ANR .... petitioners Mr. Hillol Saha Podder Ms. Mousumi Das ... for the petitioners Mr. Aditi Shankar Chakraborty Mr. Subhasis Misra ... for the State

1. Learned counsel for the petitioners submits that the petitioners are respectively of 21 and 22 years of age. That apart, the samples in question were sent for chemical examination much after the seizure. It is further argued that the petitioners are already in custody for 356 days.

2. Learned counsel for the State opposes the prayer for bail.

3. Upon considering the circumstances of the case and the nature of the allegations, we are of the opinion that the

restriction under Section 37 of the NDPS Act is fully operative.

4. Accordingly CRM(NDPS) 691 of 2023 is dismissed. (Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)