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Calcutta High CourtCRM (NDPS)/318/2023rejected

Ripon Sk @ Ripon Shaikh @ Ripan Shaikh v. State Of West Bengal

2023-02-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

21.02.2023.

18.

Ct.No.28 (Rejected) C.R.M. (NDPS) 318 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 252 of 2021 arising out of Lalgola P.S. Case No.776 of 2021 dated 14.11.2021 under Sections 21(C)/29 of the NDPS Act. In the matter of : Ripon Sk. @ Ripon Shaikh @ Ripan Shaikh. ... Petitioner.

Mr. Somnath Adhikary.

...for the Petitioner.

Mr. Saryati Datta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Statements of witnesses and other materials show recovery of 1.8 kgs. of heroin 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.

Trial court is requested to consider the issue of framing of charge at the earliest.

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