Rashidul Sarkar v. State of West Bengal
Case brief
What is this about?
In re bail application under Section 439 CrPC in NDPS case. Court rejected bail as petitioner was present when commercial quantity drugs were recovered; his son who allegedly stored them is absconding, preventing verification of the defence.
What did the court decide?
Application for bail under Section 439 CrPC rejected and dismissed.
What the court decided
11.04.2023 Sl. No.4 akd [Rejected]
C. R. M. (NDPS) 534 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.03.2023 in connection with Kumarganj Police Station Case No.395 of 2022 dated 10.12.2022 under Sections 21/22(c)/29 of the NDPS Act.
And
In Re: Rashidul Sarkar
… … Petitioner
Ms. Sreyashee Biswas Ms. Benajir Hasna Mr. Aliul Islam … … for the petitioner Mr. T. D. Nandy Mr. Antarikhya Basu … … for the State
It is contended on behalf of the petitioner that narcotics was kept at the residence by his son.
Learned Advocate for the State opposes the prayer for bail and submits son of the petitioner is absconding.
We have considered the materials on record. Petitioner was present in the house when narcotics above commercial quantity was recovered. Though he contends that narcotics was kept by his son, the said accused is absconding. As a result, police is unable to verify such contention. Under such circumstances, we are not inclined to grant bail to the petitioner.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under NDPS Act when narcotics of commercial quantity were recovered from his presence.
Whether the alleged defence that narcotics were kept by his son warrants granting bail when the son is absconding and the contention cannot be verified.
Parties & counsel
- petitioner
Rashidul Sarkar
- respondent
The State
Coram
Ajay Kumar Gupta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- CRM (NDPS)/534/2023
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