Calcutta High CourtCRM (NDPS)/348/2023dismissed as rejected

Akhtar Majid And ANR v. State Of West Bengal

2023-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2023 Ct. No. 29 CHC REJECTED C.R.M.(NDPS) 348 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No.1123 of 2021 dated 29.11.2021 under Section 21(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Akhtar Majid & anr.

...... petitioners Mrs. Soma Chowdhury (Bandhu) ....for the petitioners Mr. Ranadeb Sengupta ....for the State Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that petitioners are in custody for 407 days. Apparently, commercial quantity of narcotic were seized from the possession of the petitioners.

The next date for the trial is fixed on May 8, 2023. In such circumstances, we are of the view that petitioners are unable to overcome the restrictions under Section 37 of the

NDPS Act, 1985, consequently, we are unable to grant bail to the petitioners.

Chemical examination report corroborates the claim of the prosecution.

CRM (NDPS) 348 of 2023 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)