Calcutta High Court (Appellete Side)
Asim Bala @ Ashim Bala vs Unknown on 19 June, 2024
Author: Arijit Banerjee
Bench: Arijit Banerjee
19.06.2024 Item no. 44.
Court No.28.
AB (Rejected) CRM (NDPS) 948 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Gaighata P. S. Case No.1029 of 2023 dated 19.10.23 under Sections 21C/25/25A 27A/29 of the NDPS Act And In the matter of : Asim Bala @ Ashim Bala ......Petitioner.
Mr. Anshuman Chakraborty Mr. S. S. Saha ......for the Petitioner. Mr. Imran Ali, Ms. Baishakhi Chatterjee......for the State. The petitioner says that he is in custody for about eight months. There was no recovery of contraband from him. He has been implicated on the basis of statement made by a co-accused person. Charge sheet has been filed. His further detention is not necessary.
Learned Advocate for the State strongly opposes the prayer for bail. He says that there is material to show that the petitioner is one of the associates of the principal accused persons, who used to act as courier of contraband items. Further, after his arrest on the basis of statements made by him, two other premises were located and 540 grams of heroin was recovered.
Signed By :
APURBA BANDYOPADHYAY High Court of Calcutta
20 th of June 2024 04:50:36 PM 2 In view of the aforesaid, we are of the prima facie opinion that the petitioner has some role to play in the alleged offence. Hence, keeping in mind that commercial quantity of contraband items is involved, we are not inclined to allow the petitioner's prayer for bail, at this stage.
The prayer for bail stands rejected. CRM (NDPS) 948 of 2024 is dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Arijit Banerjee, J.) (Gaurang Kanth, J.)