Gourab Biswas @ Nata vs Unknown
2022 Latest Caselaw 3041 Cal

26.5.2022 Court No.5

GB/SD CRM (NDPS) 524 of 2022

In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.5.2022 in connection with Lake Town Police Station Case No. 97 of 2020 dated 21.7.2020 under Section 21(c) of the NDPS Act.

And

In the matter of: Gourab Biswas @ Nata ....petitioner.

Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... for the State.

Learned counsel for the petitioner, by placing reliance on

certain judgments of the Supreme Court, contends that the

Supreme Court, in similar circumstances, had enlarged the

respective accused persons on bail in the said cases.

However, learned counsel for the State opposes the prayer for

bail and contends that it is clearly indicated in the chemical

analysis report that a substantial amount of contraband substance

was found in the possession of the petitioner and that there is a

chance of big racket operating with the petitioner behind the scene.

However, from the judgments cited by learned counsel,

particularly those rendered in Sushil Biswas vs. The State of West

Bengal and Dhiman Roy @ Budo vs. The State of West Bengal, we do

not find that any specific period for incarceration was indicated.

Although, in the other judgment, that is, Md. Asim and Another vs.

The State of West Bengal, the Supreme Court had indicated that the

period was for over two years and eight months, since the said

judgment was a general consideration on the facts of the case and

did not lay down any straight jacket judicial formula, for being cited

as a precedent, we do not find any mitigating factor in the present

case to overcome the presumption raised under Section 37 of the

NDPS Act.

Accordingly, CRM (NDPS) 524 of 2022 is rejected.

It is expected that the trial shall be concluded as

expeditiously as possible.

(Sabyasachi Bhattacharyya, J.)

(Rai Chattopadhyay, J.)