Pappa Shaw And Others v. State Of West Bengal

20.11.2023 Serial no.31 Court No.1 (CHC) (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 841 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Matigara Police Station Case No. 896 of 2021 dated 19.08.2021 under Section 21(c) of the N.D.P.S. Act.

-AndIn the matter of : Pappa Shaw & ors.

... ... Petitioners Mr. Satarudriya Mukherjee, Advocate Ms. Oshmita Mukherjee, Advocate Ms. Poonam Tamang Lama, Advocate ... ... For the Petitioners Mr. Kallol Acharjee, Advocate Mr. Arjun Chowhury, Advocate ... ...For the State Commercial quantity of narcotics were seized from the joint possession of the petitioners.

Learned advocate appearing for the petitioners contends that there are serious lacuna in the investigation. The so-called lacuna may be agitated at the trial, if named. The materials in the Case Diary suggests that, the commercial quantity of narcotics were seized from the joint possession of the petitioners.

In such circumstances, petitioners are unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Considering the gravity of the offence and involvement of the petitioners therein, we are unable to grant bail to the petitioners.

CRM(NDPS) 841 of 2023 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)