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2022 Supreme(Cal) 1423

ARIJIT BANERJEE, ANIRUDDHA ROY
Sanjay Kumar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sekhar Kumar Basu, Sr. Adv., Mr. Soubhik Mitter, Adv., Ms. Rajnandini Das, Adv.
For the Respondent: Mr. Arun Kumar Sarkar, Adv., Mr. Tapan Bhattacharya, Adv.

JUDGMENT :

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

Charges:-

2. The charge is under Section 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 t

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