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Calcutta High CourtCRM(NDPS)/846/2023dismissed

Ravi Biswakarma v. State Of West Bengal

2023-11-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.11.2023 Serial no.10 Court No.1 (CHC) (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 846 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Bhaktinagar Police Station Case No. 448/2023 dated 04.06.2023 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Ravi Biswakarma ... ... Petitioner Mr. Jaydeep Kanta Bhowmik, Advocate Mr. Sayantan Bhowmik, Advocate ... ... For the Petitioner Mr. Kallol Acharjee, Advocate Mr. Biswarup Roy, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that, the prayer for bail on the earlier occasion was dismissed as not pressed on October 12, 2023. Petitioner was falsely implicated. No narcotics were seized from the possession of the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the seizure list in respect of the petitioner. He submits that, a sum in excess of Rs. 7 Lakhs was

seized from the possession of the petitioner. Petitioner is involved with the commercial quantity of narcotics seized and the money trail between the seized commercial quantity of narcotics and the arrested persons with the petitioner is established.

Large quantity of money was seized from the possession of the petitioner.

There are materials in the case diary suggesting that the petitioner is involved in the commercial quantity of narcotics seized from the co-accused.

In such circumstances, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, prayer for bail of the petitioner is rejected.

CRM (NDPS) 846 of 2023 dismissed.

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