High Court rejected bail application for petitioner facing NDPS charges. Despite medical condition, commercial quantity seized rendered granting bail inappropriate under strict provisions of NDPS Act.
Bail application rejected; reasonable medical facilities requested for petitioner.
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25.02.2022 39 (AD) C.R.M. (NDPS) 209 of 2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of (Rejected) Criminal Procedure in connection with Malda P.S. Case No. 359 of 2020 dated 29/06/2020 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 18(b)/27 of the Drugs and Cosmetics Act, 1940. And In the matter of: Asirul @ Hasirul Sekh ….petitioner. Mr. Avinaba Patra Mr. Partha Sarathi Das Mr. Souraja De …for the petitioner. Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi … for the State.
Report as called for by the order dated February 18, 2022 filed in Court be taken on record.
It appears from the report that the petitioner is suffering from a medical condition.
In such circumstances, it would be appropriate to request the Superintendent of Correctional Home where the petitioner is lodged to extend appropriate medical facilities to the petitioner commensurate with his medical condition.
Considering the fact that the commercial quantity of narcotics 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.
Accordingly, the prayer for bail of the petitioner is rejected.
2
C.R.M. (NDPS) 209 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC considering his medical condition.
Whether the commercial quantity of seized narcotics negates the likelihood of bail under Section 37 NDPS Act.
4 provisions across 3 enactments
Asirul @ Hasirul Sekh
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
