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Calcutta High CourtCRM (NDPS)/69/2024rejected

Saniya Bibi @ Soniya Bibi v. State Of West Bengal

2024-01-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

11.01.2024 Sl. No.37 akd [Rejected] C. R. M. (NDPS) 69 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.01.2024 in connection with Jalangi Police Station Case No.30 of 2022 dated 24.01.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.34 of 2022) And In Re: Saniya Bibi @ Soniya Bibi ... ... Petitioner Mr. Tapodip Gupta ... ... for the petitioner Mr. Binay Panda Mrs. Ratna Ghosh ... ... 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. 115 bottles of phensedyl syrup, which is above commercial quantity from the petitioner. Firearm was also recovered from her possession. Her prayer for bail was rejected earlier on merits. 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 petitioner.

3. The application for bail is thus rejected.

4. Trial court is directed to expedite the trial and conclude the same at an early date.

5. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)