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  5. October

Manirul Hossain @ Mehebul vs. State of West Bengal

Decided on 30 October 2024• Citation: CRM (NDPS)/1718/2024• Calcutta High Court
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       2    30.10.2024                                                              
       ss/jks                                                                       
       rejected                                                                     
                                      CRM  (NDPS)  1718 of 2024                     
                       In the matter of : An application for bail under Section 483 of
                            Bharatiya    Nagarik   Suraksha    Sanhita,   2023      
                            (corresponding to Section 439 of the Code of Criminal   
                            Procedure, 1973) in connection with Palashipara P.S.    
                            Case  No. 18 of 2024 dated 07.01.2024 under Sections    
                            21(c)/29 of the NDPS Act, 1985.                         
                                                 And                                
                       In the matter of : Manirul Hossain @ Mehebul                 
                       Mr. Nilendra Narayan Roy                                     
                                                           … …  for the petitioner  
                       Mr. Rana Mukherjee, APP                                      
                       Ms. Baishakhi Chatterjee                                     
                                                               … …  for the State   
                            Learned  advocate representing the petitioner submits   
                       that the petitioner has been falsely implicated in the case. It is
                       further submitted that following the procedure charge-sheet  
                       and  supplementary  charge-sheet have not  been filed in     
                       connection with the said case. Petitioner is languishing in jail
                             th                                                     
                       from 7  January, 2024.                                       
                            Learned  Additional Public Prosecutor representing the  
                       State has opposed the prayer for bail. It is submitted that  
                       within  statutory time charge-sheet has  been  filed and     
                       supplementary charge-sheet has been filed thereafter.        
                            On  perusal of the materials available on record, we find
                       that  contraband  article has been  recovered  from  the     
                       possession of the petitioner which is of commercial quantity,
                       as alleged.                                                  

                                                   2                                
                            Having  considered the  extent of complicity of the     
                       petitioner in commission of the alleged offence and taking note
                       of the document relating to seizure as available on the case 
                       diary, we are not inclined to grant bail to the petitioner.  
                            Accordingly, the application being CRM (NDPS) 1718 of   
                       2024 stands dismissed at this stage.                         
                       (Partha Sarathi Chatterjee, J.) (Saugata Bhattacharyya, J.)