The High Court dismissed the bail application in an NDPS case involving Sections 188/353 IPC and NDPS Act provisions. Ruling that commercial quantity seized negates restrictions under Section 37 NDPS Act, bail was rejected.
Bail application rejected; prayer for bail dismissed.
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108 07.04.2022 C.R.M. (NDPS) 3 of 2022 (AD) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.216 of (Rejected) 2021 arising out of Lalgola P.S. Case No. 726 of 2021 dated 07.10.2021 under Sections 188/353 of the Indian Penal Code and Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.
And
In the matter of: Jamal Sk.
….petitioner. Mr. Niladri Sekhar Ghosh Mr. Tapodip Gupta Mr. Sourav Mondal …for the petitioner. Mr. Sudip Ghosh Mr. Bitasok Banerjee … for the State. Petitioner seeks bail.
Considering the fact that commercial quantity of narcotics was seized from the joint possession of the petitioner, we are of 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. Accordingly, the prayer for bail of the petitioner is rejected.
C.R.M. (NDPS) 3 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether bail should be granted to the petitioner when commercial quantity of narcotics is seized from his joint possession?
4 provisions across 3 enactments
Jamal Sk.
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
