JUDGMENT

Debangsu Basak, J. - Petitioner seeks bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.23 of 2018 arising out of NCB Crime No.23/NCB/KOL/2018 dated May 17, 2018 under Sections 8(c) read with Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances act, 1985.

2. Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than three and half years. He relies upon the order dated February 7, 2020 passed by the Hon'ble Supreme Court in Criminal appeal No(s).245/2020 (@ SLP(Crl.) No.8823/2019) (Chitta Biswas alias Subhas vs. The State of West Bengal) and submits that the Hon'ble Supreme Court granted bail to a person found in possession of narcotic substance of commercial quantity. He submits that in Chitta Biswas alias Subhas (supra), the Hon'ble High Court rejected the prayer for bail by an order dated July 30, 2019 passed in CRM 6787 of 2019 after discussing the applicability of Section 37 of the NDPS act, 1985 to the facts of that case. In fact, the Hon'ble High Court rejected the prayer for grant of an anticipatory bail on the ground that commercial quantity of narcotics was seized from t