Judgment · High Court
Case at a glance
- Bench
- CHITTA RANJAN DASH, PARTHA SARATHI SEN
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(C), 28, 29, 37
- Code of Criminal Procedure, 1973 s. 439
- Constitution of India art. 21
Key paragraphs
- Para 66. Heard the learned Counsel for both the parties. Taking into consideration seizure of huge quantity of contraband ganja from the possession of the petitioner and the co-accused persons, the bar under Section 37 of the NDPS Act and the social impact of the alleged…
Judgment
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in arising out of Airport P. S. Case No. 151 of 2020 dated 16.09.2020 under Sections 20(b)(ii)(C)/28/29 of the NDPS Act, 1985. And In the matter of: Vijay Raj ….petitioner Mr. Biswajit Goswami Mr. Sanjoy Bardhan Mr. Palash Ch. Majhi …for the petitioner. …for the State.
Heard the learned Counsel for both the parties. Taking into consideration seizure of huge quantity of contraband ganja from the possession of the petitioner and the co-accused persons, the bar under Section 37 of the NDPS Act and the social impact of the alleged crime, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 Cr.P.C. on the ground of delay by invoking Article 21 of the Constitution of India especially when Section 37 of the NDPS Act has not yet been declared unconstitutional. Accordingly, the prayer for bail of the petitioner is rejected. CRM (NDPS) 1140 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.