Malay Baidya v. State Of West Bengal

13.03.2023 tkm/ct 28 C.R.M. (NDPS) 302 of 2023 sl no.62 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Swarupnagar P.S case no. 989 of 2022 dated 7.10.2022 under sections 21(c)/20(b)(ii)A/29 of the NDPS Act And In Re : Malay Baidya ........ petitioner Mr. Arnab Chatterjee Mr. D Biswas Ms. P Bose ...... for the petitioner Mr. R Sengupta ...... for the State Report is placed on record. From the report it appears that the medical condition of the petitioner is not alarming and does not require institutional treatment. That apart, there are materials to show recovery of narcotics above commercial quantity from his possession Under such circumstances and in view of the statutory restriction under section 37 of the NDPS Act, we are not inclined to grant bail to petitioner.

Accordingly, prayer for bail is rejected.

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