Bidyan Mahato And ANR v. State Of West Bengal

11.01.2024 Sl. No.33 akd [Rejected] C. R. M. (NDPS) 65 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.01.2024 in connection with Murutia Police Station Case No.70 of 2023 dated 24.03.2023 under Section 21(c) of the NDPS Act. (NDPS Case No.25 of 2023) And In Re: Bidyan Mahato & Ors.

... ... Petitioners Mr. Debarshi Brahma ... ... for the petitioners Ms. Debjani Sahu ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 110 bottles of phensedyl syrup and 5 kgs. of Ganja, which is above commercial quantity from a boat. Petitioners were present at the spot. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

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