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2025 DAILYLAW 54268 (CAL)

SAMRAT ACHARJEE v. THE STATE OF WEST BENGAL

CRM(NDPS)/568/2024 · 2025-01-20

Gaurang Kanth, Joymalya Bagchi

body2025

Judgment text

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IN THE HIGH COURT AT CALCUTTA 20.01.2025. Circuit Bench At Jalpaiguri Sl. No.03. SG (Rejected) C.R.M. (NDPS) 568 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection NDPS Case No. 82 of 2024 arising out of Cooch Behar Kotwali P.S. Case No. 1041 of 2024 dated 09.10.2024 under Sections 21(C)/29 of the NDPS Act. And In the matter of : Samrat Acharjee. … Petitioner. Mr. Sandip Guha Roy. ...for the petitioner. Mr. Nilay Chakraborty, ld. A.P.P Ms. Sukanya Adhikary. …for the State. 1. Petitioner is in custody since September, 2024. He contends he was present at a different place at the time of alleged seizure. There is no videography of the recovery. Accordingly, he prays for bail. 2. Learned Advocate for the State opposes the prayer for bail. He contends videography of the recovery was made. 3. We have considered the materials on record. Statements of official witnesses show recovery of 49 bottles of codeine phosphate from the petitioner. Petitioner’s defence that he was not present at the spot is a bald one and does not improbabilise the consistent versions of official witnesses corroborated by the documentary evidence and videography. 2 4. In light of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. 5. Accordingly, the prayer for bail of the petitioner is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)