SANJAY KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail filed under Sec. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). Charges:-

(2.) The charge is under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short,'the NDPS Act') in connection with Special Case No.4 of 2021 arising out of Bhaktinagar P.S. Case No. 77 of 2020 dated January 28, 2020 now pending before the Learned Judge, Special Court under NDPS Act-cum- Additional Sessions Judge, 2nd Court, Jalpaiguri. Facts:-

(3.) One Sub-Inspector named Gopal Chandra Mondal of Bhaktinagar P.S. (for short,'the informant') registered Bhaktinagar P.S. Case No. 77 of 2020 against the petitioner and one Saje Saibo alleging that on January 28, 2020 at about 15:10 hrs, the informant received information from the said Police Station that few persons were moving suspiciously in front of the Office of the All India Radio, Siliguri and that they were carrying substantial quantity of contraband substances. The informant passed on this information to the Inspector-in-Charge, Bhaktinagar P.S. Pursuant to the instruction of the said Inspector-in-Charge, at around 15:15 hrs, the informant proceeded with a raiding team towards the Office of the All India Radio, Siliguri. The raiding team reached the spot at 15:25 hrs and intercepted the said two accused persons, one of whom is the petitioner. The accused persons were carrying red and yellow colour plastic bags. Upon serving due notice of search and seizure at around 16:15 hrs in the presence of a Gazetted Officer, the Inspector-in-Charge searched the plastic bags, which were in possession of the said two accused persons one of whom is the petitioner. Yaba Tablets much above the commercial quantity were recovered. The recovered contraband was duly seized and was sent to Bhaktinagar P.S. Malkhana and the accused persons including this petitioner were taken into custody. Accordingly to the State, the entire exercise stated herein was carried out in strict and due compliance of the provisions of the NDPS Act.