Hosen Ali @ Naru v. State Of West Bengal

28.11.2023 Serial no.9 Court No.1 (CHC) (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 845 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Birpara Police Station Case No. 35/2023 dated 16.03.2023 under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Hosen Ali @Naru ... ... Petitioner Mr. Jaydeep Kanta Bhowmik, Advocate Ms. Bedashruti Bose, Advocate Mr. Sayantan Bhowmik, Advocate ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Sourav Ganguly, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that, police filed charge-sheet without obtaining the chemical examination report.

Learned advocate appearing for the State submits that, commercial quantity of narcotics were recovered from the possession of the petitioner.

The issue raised by the petitioner, with regard to non obtaining of Forensic Science Laboratory report, may be raised at the trial, if so advised.

Since, commercial quantity of narcotics were seized from the possession of the petitioner, we are of the view that, petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985. Consequently, prayer for bail of the petitioner is rejected.

CRM (NDPS) 845 of 2023 is dismissed (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)