Petitioner renewed a bail application under Section 439 CrPC concerning charges under the NDPS Act. The court rejected the prayer, holding that the recovery of commercial quantity of narcotics from the petitioner's house prevented overcoming Section 37 restrictions, with no change in circumstances from the earlier rejection.
Bail application rejected.
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05.04.2022 Serial no.83 Aloke Ct. No. 29
CRM (NDPS) 13 of 2022
In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 03.01.2022 in connection with Bhadreswar P.S. Case No. 154 of 2020 dated 25.06.2020 under Sections 21(c) of the NDPS Act.
-And-
In the matter of : Md. Kalim
… …Petitioner Mr. Milon Mukherjee, Sr. Advocate Mr. Arnab Sengupta, Advocate Ms. Ankita Bose, Advocate
… … For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate
… … For the State
Petitioner renews the prayer for bail.
Learned Senior Advocate appearing for the petitioner submits that the Court should take into consideration the period of detention of the petitioner while considering the prayer for bail.
Learned Advocate appearing for the State submits that commercial quantity of narcotic was recovered from the house belonging to the petitioner.
Considering the fact that commercial quantity of narcotic was recovered from the house belonging to the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.
CRM (NDPS) 13 of 2022 is rejected
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether to grant bail to the petitioner violating statutory restrictions under Section 37 of the NDPS Act.
Whether subsequent to the earlier order of rejection, circumstances have changed to justify bail.
3 provisions across 3 enactments
Md. Kalim
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
