The High Court rejected an application for bail under Section 439 CrPC. The applicant faced charges of commercial drug possession. Citing statutory restrictions and two prior bail rejections, the court was not inclined to entertain the application and dismissed it.
Application for bail C.R.M. 860 of 2021 is dismissed.
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08. 24.08.2021 Ct.32 Tanmoy Rejected
In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
(Through Video Conference)
C.R.M. 860 of 2021
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 18/08/2021 in connection with Kotwali Police Station Case No. 774 of 2017 dated 07/11/2017 under Sections 374/411/413/34 of the Indian Penal Code read with Section 20(b) of the N.D.P.S. Act, 1985.
And
In the matter of: - Rahul Malakar
…petitioner.
Mr. Arijit Ghosh,
Ms. Swarnali Chakraborty
…for the petitioner (through V.C.).
Mr. Aditi Shankar Chakraborty, Ld. A.P.P.,
…for the State (through V.C.).
The petitioner’s prayer for bail was rejected twice earlier. Firstly, by an order dated November 13, 2019 passed in C.R.M. 1003 of 2019; secondly, by an order dated July 31, 2020 passed in C.R.M. 5011 of 2020.
Commercial quantity of ‘ ganja’ was recovered from the joint possession of the petitioner and other accused persons. Learned Counsel for the State says that charges have been framed.
In view of the statutory restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the
2
previous two rejections of the petitioner’s prayer for bail, we are not inclined to entertain this application for bail.
Accordingly, the application for bail being C.R.M. 860 of 2021 is dismissed .
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)
1 issue framed by the court
Whether bail should be entertained given previous rejections and statutory restrictions?
3 provisions across 3 enactments
Rahul Malakar
The State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
