The court dismissed a bail application filed by Md. Abdul Hai challenging his detention in a drugs case. Citing recovery of contraband above commercial quantity attracting Section 37 of the N.D.P.S. Act, the court exercised no discretion in favour of the petitioner.
The prayer for bail was refused; the bail application is dismissed.
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14.07.2021 Court No.30 Item No. 06 Krishnendu Rejected
CRM 865 of 2020 (Via video Conference)
In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;
And
In Re : Md. Abdul Hai
Petitioner Mr. Santanu Chatterjee For the Petitioner Mr. Rana Mukherjee Mrs. Sujata Das Mrs. Debjani Sahu
The present application under section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Kumarganj Police Station Case No. 256 of 2018 dated 19.12.2018 under sections 21/22/23 of the Narcotic Drugs & Psychotropic Substances Act, read with section 14A(b) of the Foreigners Act, 1946.
Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner is a citizen of Bangladesh. He has been falsely implicated. The allegations levelled against him are unfounded. He is languishing in custody since 18.12.2018 and there is no scope towards early conclusion of trial. In the said conspectus, further detention of the petitioner is not necessary.
Mr. Mukherjee, learned advocate appearing for the State has placed before us a report, as called for earlier. Let a copy of the same be kept on record.
2
He further submits that contraband substance above commercial quantity was recovered from the possession of the petitioner. The trial is in progress and the next date has been fixed on 21st September, 2021.
We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary.
It appears that contraband substance above commercial quantity was recovered from the possession of the petitioner and as such the provisions of section 37 of the N.D.P.S. Act are attracted. In view thereof, we are not inclined to exercise any discretion in favour of the petitioner. As such, his prayer for bail is refused at this stage.
The application for bail, being CRM No. 865 of 2020, is dismissed.
(Suvra Ghosh J)
(Tapabrata Chakraborty, J)
2 issues framed by the court
Whether bail should be granted to the petitioner under section 439 CrPC given the recovery of contraband above commercial quantity.
Whether provisions of section 37 N.D.P.S. Act preclude the exercise of judicial discretion for bail.
4 provisions across 3 enactments
Md. Abdul Hai
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
