Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Shital Biswas on 17 November, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 67 17.11.2016
SK Court No.26 CRM 9110 of 2016 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 05.10.2016 in connection with NDPS No. 50/2016 corresponding with NCB Crime No. 27/NCB/Kol/2016 under Sections 20(b)(ii)(C)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.
And
In Re: Shital Biswas Petitioner.
Mr. Debasish Kundu ......For the Petitioner.
Mr. Lalji Chaube,
Mr. Somnath Banerjee ... For the NCB.
Heard the learned counsel appearing on behalf of the parties. Perused the Case Diary.
At the very outset, it is pointed out from the side of the N.C.B. that acting on a source information the residential house of the present petitioner was searched and during search, their officers recovered 60 kgs. of Ganja and 12,000 bottles of Phensedyl, each of 100 ml., containing codeine mixtures.
The learned counsel for the petitioner submits that actually no Ganja was recovered and the articles recovered was described as black colour flower like Ganja and as yet no chemical analyst report has been received. 2 Be that as it may, even assuming the articles so seized was not Ganja, but the other articles seized was Phensedyl and the quantity of Phensedyl so recovered is much above the commercial quantity.
Now, considering the materials made available from the case diary relating to search and seizure and examining the same in the light of Section 37 of the N.D.P.S. Act, we find that there is no reasonable ground for believing that the petitioner is not guilty of such offence.
Having regard to above, the application for bail is rejected.
Trial be expedited.
Office is directed to communicate this order to the court below at once.
The learned counsel for the NCB is requested to obtain the Web-site copy of this order and that must be retained in the case diary for future reference.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)