In an application for bail in an NDPS case involving commercial quantity, the court held that commercial quantity seized is sufficient to impose restrictive conditions under Section 37 of the NDPS Act, resulting in the rejection of the bail petition.
Bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12.04.2022 Serial no.91 Aloke Ct. No. 29
CRM 2147 of 2021
In re : An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Chatterjee Hat P.S. Case No. 182 of 2019 dated 18.09.2019 under Sections 20(b)(ii)C of the NDPS Act.
-And-
In the matter of : Md. Asif @ Chotu @ Chatu
… …Petitioner
Mr. Ratan Das, Advocate
… … For the Petitioner
Mr. Madhusudan Sur, ld. PP
Mr. Manoranjan Mahata, Advocate
… … For the State
Petitioner prays for bail.
Learned Advocate appearing for the petitioner questions the sample sent for forensic examination.
Learned Advocate appearing for the State draws the attention to the materials in the case diary including the exhibit challan.
Whether or not, appropriate procedure was followed for the purpose of taking sample and obtaining the report from the appropriate Forensic Laboratory is an issue to be decided at the trial, if raised.
At this stage, there is no conclusive material to establish that no narcotic was seized from the possession of the petitioner.
Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant bail to the petitioner.
CRM 2147 of 2021 is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 CrPC in a case involving commercial quantity of narcotics.
Whether commercial quantity seized under NDPS Act prevents grant of bail.
3 provisions across 2 enactments
Md. Asif @ Chotu @ Chatu
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
