TAPAS AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was arrested on April 3, 2019 in connection with Park Street Police Station Case No 50 of 2019 dated April 3, 2019 for alleged violation of Ss. 22(b) / 29 of the NDPS Act, 1985 and Sec. 14 of The Foreigners Act, 1946. From the petitioner's possession 40 grams of Yaba tablets were recovered. Total recovery from the accused persons was to the tune of 84 grams of Yaba tablets. The same being intermediate quantity, charge under Sec. 22(b) / 29 of the NDPS Act has been levelled. The petitioner, admittedly a Bangladeshi national, could not produce any valid document in support of his entry in the Indian territory. For this, charge has been brought under Sec. 14 of the Foreigners Act.

(2.) The petitioner says that he is in custody for more than five years and five months. The maximum punishment prescribed under Sec. 14 of the Foreigners Act is five years' imprisonment. He is in custody for more than 5 years. The maximum punishment stipulated under Sec. 22 (b) / 29 of the NDPS Act is 10 years' imprisonment. He has served more than half of that term. Relying on Sec. 436-A of Cr. P.C., the petitioner renews his prayer for bail which was earlier rejected on merits by an order dated May 16, 2023, passed in CRM NDPS No. 984 of 2023.

(3.) The state strongly opposes the prayer for bail. The following submissions were made on behalf of the state:-