The High Court at Calcutta, Circuit Bench at Jalpaiguri rejected a bail application filed by two petitioners accused of possessing a commercial quantity of narcotics. The court held that the restrictions of the NDPS Act could not be overcome.
Prayers for bail of the petitioners rejected; C.R.M. (NDPS) 37 of 2022 dismissed.
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.
09.02.2022
Sl. 2 Court No.29 suvayan (Rejected)
HIGH COURT AT CALCUTTA THE CIRCUIT BENCH AT JALPAIGURI
C.R.M. (NDPS) 37 of 2022 (Via Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.02.2022 in connection with Mathabhanga Police Station Case No. 500 of 2021 dated 07/09/2021 under Section 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act. And
In the matter of: Pinku Kumar & Anr.
….petitioners. Mr. Karan Dudhwewala Mr. Mukesh Pandey …for the petitioners. Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi
…for the petitioners. …for the State.
Petitioners seek bail.
Learned Advocate appearing for petitioners submits that the petitioner was falsely implicated. The petitioners were merely accompanying the driver of the vehicle where the narcotic was seized.
State is represented.
Considering the fact that commercial quantity of narcotic was recovered from the joint possession of the petitioners along with another co-accused, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Consequently, we are unable to grant bail to the petitioners.
Accordingly, the prayers for bail of the petitioners are rejected. C.R.M. (NDPS) 37 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
1 issue framed by the court
Whether bail should be granted to petitioners charged under the NDPS Act for being in joint possession of commercial quantity of narcotics.
2 provisions across 2 enactments
Pinku Kumar & Anr.
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
