Calcutta High Court (Appellete Side)
Tarun Pal @ Tarun Paul vs Unknown on 3 March, 2025
03.03.2025
Item no. 57.
Court No.29.
AB
(Rejected)
CRM (NDPS) 209 of 2025
In Re: An Application for Bail under Section 439 of the Code of
Criminal Procedure, 1973/Under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Hili P.S.
Case No.35 of 2023 Dated 12.10.2023 under Section 21C/22C/
23C/27A of the NDPS Act
And
In the matter of : Tarun Pal @ Tarun Paul
......Petitioner.
Mr. Debabrata Acharyya,
Mr. Sital Samanta .....for the Petitioner.
Ms. Faria Hossain
Mr. Sujay Sarkar ......for the State.
Dictated by Arijit Banerjee, J.
1. The petitioner says that there was no recovery from him. He is in custody for 103 days. Investigation is complete. The motorbike, from which commercial quantity of narcotics was seized, belonged to him at one point of time. However, he sold it to one Sabbir Mondal. The register of Motor Vehicle was not updated and his name still appears, although erroneously, as the owner of the concerned motorbike.
2. Learned State Advocate says that if the transaction of sale of the motorbike was a genuine transaction, it was the duty of both the seller and purchaser to take steps for correction of the Motor Vehicle register. It is quite possible that a backdated agreement has been brought into existence by the petitioner for the purpose of this proceeding. 2
3. We have considered the rival contentions of the parties. Although we had granted bail to a co-accused person by the name of Murshad Mondal on June 25, 2024, he does not seem to be standing on the same footing as this petitioner. Prima facie, the petitioner is the owner of the motorbike from which seizure was made.
4. Since commercial quantity of contraband items is involved, keeping in mind the restrictions in Section 37 of the NDPS Act, we are not inclined to allow the prayer of the petitioner, at this stage.
5. The prayer for bail is rejected.
6. CRM (NDPS) 209 of 2025 is dismissed.
7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Prasenjit Biswas, J.) (Arijit Banerjee, J.) 3