Single judge court rejected bail application by petitioner charged with commercial quantity NDPS offense, holding restrictions under Section 37 NDPS Act exceed petitioner ability to secure.
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C.R.M. (NDPS) 350 of 2022
19.05.2022 45 Court No.29 (AD) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.136 of (Rejected) 2021 arising out of Samsherganj P.S. Case No .183 of 2021 dated 11.07.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Mortuja Sk. @ Mortuja ….petitioner. Mr. Arnab Chatterjee Mr. Jisan Iqubal Hossain …for the petitioner. Mr. Imran Ali Ms. Debjani Sahu … for the State. Petitioner prays for bail. Considering the fact that commercial quantity of narcotics was recovered 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. C.R.M. (NDPS) 350 of 2022 is dismissed.
(Debangsu Basak, J.)
( Bivas Pattanayak, J.)
3 issues framed by the court
Whether bail is maintainable when commercial quantity of narcotics is recovered from the petitioner's possession.
Whether the petitioner's position is inconsistent with the restrictions under Section 37 of the NDPS Act, 1985.
Whether the prayer for bail under Section 439 CrPC can be granted in this case.
3 provisions across 2 enactments
Mortuja Sk. @ Mortuja
State
Debangsu Basak
Bivas Pattanayak
As recorded by the court registry
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