Calcutta High Court (Appellete Side)
Soumik Mukherjee & Anr vs Unknown on 3 September, 2019
1 03.09.2019
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295. as (Rejected) C.R.M. 7761 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.08.2019 in connection with N.D.P.S. Case No.22 of 2018 arising out of Burtolla P. S. Case No.99 dated 22.06.2018 under Sections 22( b )/29 and Section 22 ( c )/29 of the N. D. P. S. Act.
In the matter of : Soumik Mukherjee & Anr.
... Petitioners.
Mr. Manjit Singh, Mr. Sekhar Mukherjee.
...for the Petitioners.
Mr. Arun Kr. Maity, ld. A.P.P., Mr. Sanjay Bardhan, Mr. Arup Sarkar.
...for the State.
Heard the learned Counsels appearing on behalf of the parties. It is submitted on behalf of the petitioners that there is total non-compliance of the provision of Section 50 of the N. D. P. S. Act in the matter of seizure of narcotic substance. There is also delay in dispatching the samples for chemical examination.
Learned Advocate appearing for the State opposes the prayer for bail.
We have considered the materials on record. We find that 18.5 grams of MDMA and 1 gram of LSD, both above commercial quantity, were seized from the possession of the petitioner. We also note that the seizure was witnessed by independent persons. It is a 2 matter to be decided during trial whether there is non-compliance of any statutory mandate in the matter of seizure and its impact on the legality of search and seizure. Keeping in mind the materials on record and in the light of the statutory restrictions under Section 37 of the N. D. P. S. Act and as trial has already commenced, we are of the opinion this is not a fit case to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected. (Jay Sengupta,J.) (Joymalya Bagchi, J.)