Chandan Das v. State of West Bengal
Case brief
What is this about?
The court rejected a bail application filed by a petitioner accused of trafficking ganja. Finding that the total recovery from all conspirators exceeded the commercial quantity and citing statutory restrictions, the court declined to grant bail.
What did the court decide?
Application for bail under Section 439 CrPC was rejected.
What the court decided
18.08.2022 Sl. No.5 akd [Rejected]
C. R. M. (NDPS) 935 of 2022
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.07.2022 in connection with Ultadanga Excise Case No. SI/SL No.01/B/2021-22 dated 01.09.2021 under Sections 8(c)/20(b)(ii)(c)/29 of the NDPS Act.
And
In Re: Chandan Das
… … Petitioner
Mr. Jayanta Narayan Chatterjee Ms. Ritusree Banerjee
… … for the petitioner
Mr. Saryati Datta
… … for the State
It is submitted on behalf of the petitioner quantity of narcotic substance i.e. Ganja recovered from his possession is below commercial quantity.
Learned advocate appearing for the State opposes the prayer for bail and submits petitioner and co-accused entered into conspiracy to traffic narcotic substance. Total recovery from all the accused persons is to the tune of 24.3 kgs. of Ganja , which is above commercial quantity. Prayer for bail of co-accused was rejected earlier.
Issues for consideration
2 issues framed by the court
Whether bail should be granted in an NDPS case where the total recovery of ganja from conspirators exceeds commercial quantity.
Whether individual recovery can be scaled down when the charge is conspiracy.
Parties & counsel
- petitioner
Chandan Das
- respondent
The State
Coram
Ananya Bandyopadhyay
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- CRM (NDPS)/935/2022
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