Sagar Shaw v. State Of West Bengal

58.

13-02-2025 (ct. no.29) (rejected) debajyoti CRM (NDPS) 63 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Raghunathganj Police Station Case No.1086 of 2023 dated 27-12-2023 under Sections 21(c)/25/28/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Sagar Shaw .... Petitioner.

Mr. Soumya Basu Roy Chowdhuri ... For the Petitioner.

Mr. Antarikhya Basu, Mr. Saibal Dasgupta ... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he has been falsely implicated. He is in custody for about 1 year 2 months. Even charge has not been framed. He prays for bail.

2. Opposing the prayer for bail, learned State advocate tells us that about 2500 litres of Phensedyl syrup (about 25,000 bottles) containing Codeine Phosphate was seized from a ten-wheeler truck which was being driven by the petitioner. March 13, 2025, has been fixed as the date for production and consideration of charge. Delay, if any, has been due to absconsion of three other charge sheet named persons, who are still at large. Further investigation is continuing.

3. We have considered the rival contentions of the parties. 2500 litres of Phensedyl syrup is a very huge quantity of contraband items. Date for consideration of Signed By :

DEBAJYOTI DAS High Court of Calcutta 17 th of February 2025 06:03:13 PM

charge has been fixed. In view of the restrictions in Section 37 of the NDPS Act, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

4. The application for bail is, thus, dismissed

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

6. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 17 th of February 2025 06:03:13 PM