MANOTOSH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners in abovementioned two cases prayed for their release on bail under Section 439 of the Code of Criminal Procedure. Though the facts of the abovementioned two cases are little different, but in view of similar questions of law being involved in both the cases, we prefer to take up both the applications together for hearing and propose to dispose them by passing the following order:-

(2.) Accused Monotosh Ghosh was arrested on 24th May, 2020 while possessing codeine mixture above commercial quantity by the Police attached to Habra P.S. The contraband articles were seized by S.I Pratik Basu observing all formalities. Subsequently, investigation culminated in filing charge-sheet under Section 21(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substance Act, 1985 (NDPS Act for short).

(3.) It is alleged by the petitioner that she he was falsely implicated in this case. The case record reveals that the arresting officer didnot follow mandatory provisions of search and seizure of narcotics substance as per the provisions of the NDPS Act. Therefore, he is entitles to be released on bail.