Calcutta High Court (Appellete Side)
Ansarul Alam vs Unknown on 26 April, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
26.04.2022 Serial no.73 [Dd] (Bail Rejected) CRM (DB) 1095 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 69 of 2020 dated 17.08.2020 under Sections 21C/23C of the NDPS Act.
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In the matter of : Ansarul Alam ... ...Petitioner Mr. Ziaul Haque, Advocate ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Petitioner renews the prayer for bail. Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of 1 year 8 months. The other co-accuseds were granted bail.
Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner.
Considering the fact that commercial quantity of narcotic was recovered from the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restriction under Section 37 of the NDPS Act, 1985. There is hardly any material change in circumstances subsequent to the earlier order of rejection.
Consequently, we are not inclined to grant bail to the petitioner.
Prayer for bail of the petitioner is rejected.
2CRM (DB) 1095 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)