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Calcutta High CourtCRM (NDPS)/91/2023rejected

Mabindar Varman And ANR v. The State Of West Bengal

2023-01-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

20.01.2023.

27.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 91 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 61 of 2022 arising out of Nabagram P.S. Case No.59 of 2022 dated 19.02.2022 under Sections 20(b)/29 of the NDPS Act. In the matter of : Mabindar Barman & Anr.

... Petitioners.

Mr. Anisur Rahman.

...for the Petitioners.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 150 kgs. of ganja above commercial quantity from the petitioners.

In view of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)