Bench considered bail application in NDPS case where commercial quantity was seized. Court held petitioner could not overcome restrictions under Section 37 of NDPS Act due to chemical report positivity. Bail application dismissed.
Bail application rejected; CRM(NDPS) 306 of 2022 dismissed.
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21.04.2022 Serial no.37 KS
CRM(NDPS) 306 of 2022
In re: An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Karandighi Police Station Case No.430/ 2021 dated 09.09.2021 under Sections 21(a) of the N.D.P.S. Act, 1985.
-And-
In the matter of: Mohirul Hoque
Mr. Sekhar Kumar Basu Mr. K. Mukherjee Ms. S. Basu Ms. S. Dutta Ms. P. Singh …..for the petitioner Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. B. Bhattacharya …..for the State
Learned advocate appearing for the State submits that the police obtained chemical examination report dated April 20, 2022 and will file the same through supplementary charge sheet before the jurisdictional court.
The chemical examination report is positive so far as the narcotic is concerned.
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. We are unable to grant bail to the petitioner.
In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM(NDPS) 306 of 2022 is dismissed.
(Debangsu Basak, J.)
2
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether the petitioner is entitled to bail given the seizure of a commercial quantity of narcotic.
Whether the restrictions under Section 37 of the NDPS Act can be overcome to grant bail.
3 provisions across 2 enactments
Mohirul Hoque
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
