Judgment · High Court
Case at a glance
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(c), 29, 37
- Code of Criminal Procedure, 1973 s. 439
Judgment
Mr. Tapodip Gupta Mr. N. P. Agarwala Mr. Saryati Datta Petitioner seeks bail. …for the Petitioner. …for the State. Learned advocate appearing for the petitioner submits that the petitioner stands on the same footing as that of two other co- accused who were granted anticipatory bail by the High Court. He submits that no narcotic was recovered from the possession of the petitioner. Learned advocate appearing for the State submits that pursuant to the First Information Report and subsequent to the first seizure, 25 bottles of phensedyl constituting commercial quantity was recovered from the bedroom of the petitioner, on the basis of the leading statement made by the petitioner while in custody. Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act,
1985. Consequently, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. 2 C.R.M. (NDPS) 41 of 2022 is dismissed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.) 3
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