Imran Ali @ Nepali v. State Of West Bengal

09.01.2024 Sl. No.16 akd [Rejected] C. R. M. (NDPS) 27 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.01.2024 in connection with Kamarhati Police Station Case No.25 of 2022 dated 14.05.2022 under Section 21(c) of the NDPS Act.

And In Re: Imran Ali @ Nepali ... ... Petitioner Mr. Subhajit Chowdhury ... ... for the petitioner Mr. Anand Kesari ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about one year and seven months. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits trial has progressed considerably and six witnesses have been examined.

3. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 3 ltrs. of codeine mixture, which is above commercial quantity from the possession of the petitioner. Six out of ten witnesses have already been examined. Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner either on merits or on the score of delay in trial.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)