The High Court rejected bail application for the petitioner in an NDPS case. Despite the petitioner's custody duration and the bail status of a co-accused, bail was denied due to unexplained money transfers between the petitioner and another co-accused in custody, unlike the co-accused on bail.
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13.01.2023 Sl. No.4 akd [Rejected]
C. R. M. (NDPS) 9 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.01.2023 in connection with NDPS Case No.07 of 2022 arising out of NCB Crime No.05/NCB/KOL/2022 under Sections 8(c)/21(c)/28/29 of the NDPS Act.
And
In Re: Md. Iqbal Qureshi @ Md. Iqbal Hussain
… … Petitioner
Mr. Saryati Datta Mr. Anirban Mitra
… … for the petitioner
… … for the NCB
It is submitted on behalf of the petitioner that he is in custody for about 310 days. Co-accused viz. Md. Khan Shah @ Furkhan has been enlarged on bail. Accordingly, petitioner prays for bail on parity.
Learned Advocate for the NCB opposes the prayer for bail and submits there was monetary transactions between the petitioner and coaccused viz. Majibar Sk, who is in custody. Petitioner does not stand on the same footing with other co-accused viz. Md. Khan Shah @ Furkhan, who is on bail.
We have considered the materials on record. Call Data Records (CDRs.) show telephonic conversations between the accuseds. The said material is not corroborated with money trail so far as Md. Khan Shah @ Furkhan is concerned. Hence, he was enlarged on bail. On the contrary, there are unexplained money transfers between the petitioner and co-accused viz. Majibar Sk. Hence, petitioner does not stand on the same footing with co-accused viz. Md. Khan Shah @ Furkhan. Keeping in mind the aforesaid facts, we are not inclined to grant bail to the petitioner.
The application for bail is thus rejected .
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2
3 issues framed by the court
Whether bail should be granted to the petitioner on parity with another co-accused who is already on bail.
Whether the presence of unexplained money transfers distinguishes the petitioner from the co-accused on bail.
Whether the lack of a money trail for another co-accused warrants bail on parity for all accused.
2 provisions across 2 enactments
Md. Iqbal Qureshi
NCB
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
