Mohiuddin Molla v. State Of West Bengal

31.01.2023.

10.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 131 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N Case No. 26 of 2022 arising out of Haroa P.S. Case No.46 of 2022 dated 19.02.2022 under Section 21(C) of the NDPS Act. In the matter of : Mohiuddin Molla.

... Petitioner.

Mr. Soujanya Bandyopadhyay.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi.

...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 5.2 ltrs. of codeine mixture from the petitioner.

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.

Accordingly, the prayer for bail of the petitioner is rejected.

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