Asidul Sekh v. the State of West Bengal
Case brief
What is this about?
In bail application under Section 439 CrPC for NDPS offence involving commercial quantity, rejected petitioner's claim of seizure discrepancy. Held that Section 37 bar applies and bail rejected.
What did the court decide?
Prayer for bail under Section 439 CrPC rejected and application dismissed.
What the court decided
A compact analysis
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.
02.03.2022
COURT : 01 ITEM : 06 MATTER : 439 STATUS : REJECTED TRANSCRIBER : nandy
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
CRM (NDPS) 16 of 2022
In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on January 1, 2022 in connection with Sahebganj Police Station Case No. 517 of 2021 dated 19.10.2021 under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Case No. 123 of 2021) And
In the matter of: Asidul Sekh
...Petitioners
Mr. Subhasish Mishra, Advocate
...for the Petitioners
Mr. Nilay Chakraborty, Advocate Mr. Biswarup Roy, Advocate
...for the State
Issues for consideration
3 issues framed by the court
Whether bail should be granted in a case involving commercial quantity of contraband indefinitely.
Whether discrepancies in seizure lists can form a ground for bail under NDPS Act Section 37.
Whether the bar under Section 37 of the NDPS Act is attracted due to commercial quantity recovery.
Parties & counsel
- petitioner
Asidul Sekh
- respondent
The State
Coram
Harish Tandon
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRM(NDPS)/16/2022
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