The court rejected a bail application for the accused charged with manufacturing narcotics under the NDPS Act. Due to the seizure of a commercial quantity (87.6 kg) and the accused's prior involvement in a similar case, the court held it was not a fit case for bail.
Bail application rejected.
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BAIL APPLN. NO.48/2017
BEFORE
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present: For the petitioner : Mr. D.K. Daschoudhury, Advocate. For the respondent : Mr. S. Sarkar, P.P.
15.09.2017.
Heard Mr. D.K. Daschoudhury, the learned counsel for the petitioner. Also heard Mr. S. Sarkar, the learned Public Prosecutor appearing for the State.
This is an application under Section 439 Cr.P.C. for granting bail to the accused namely, Sri Laxman Debnath, who has been in custody since 21.07.2017 in connection with P.R. Bari Police Station case No.48 of 2017 under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
With the assistance of the learned Public Prosecutor, I
have perused the case diary produced by him.
The quantity of ganja seized by police is 87 Kgs. 600 gms. including containers, which is likely to be commercial quantity.
Considering the fact that the accused was earlier implicated in connection with another case of similar nature, I do not think this is a fit case for granting bail to the accused. Resultantly, the bail application is rejected.
CHIEF JUSTICE
Pulak
BAIL APPLN. NO.48/2017
Page 1 of 1
1 issue framed by the court
Whether bail should be granted in a matter involving commercial quantity of narcotics under Section 20(b)(ii)(c) of the NDPS Act, 1985.
2 provisions across 2 enactments
Sri Laxman Debnath
The State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
