Mustofa Mondal @ Mostafa Mondal And ANR v. State Of West Bengal

20.02.2023 Sl. No.10 akd [Rejected] C. R. M. (NDPS) 299 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.02.2023 in connection with Islampur Police Station Case No.418 of 2021 dated 22.12.2021 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.291 of 2021) And In Re: Mustofa Mondal @ Mostafa Mondal & Anr. ... ... Petitioners Mr. Anisur Rahaman ... ... for the petitioners Mr. Antarikhya Basu ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 42 kgs. of Ganja, which is above commercial quantity from the possession of the petitioners. Delay in the matter is due to abscondence of co-accused. 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. The application for bail is thus rejected.

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