Prasanta Sarkar And ORS v. State Of West Bengal

05.03.2024.

33.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 437 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.66 of 2023 arising out of Raninagar P.S. Case No.261 of 2023 dated 23.05.2023 under Sections 21(c)/29 of the NDPS Act. In the matter of : Prasanta Sarkar & Ors.

... Petitioners.

Mr. Tapodip Gupta, Mr. Suman Bhanja.

...for the Petitioners.

Mr. S. S. Imam, Mr. S. Kundu.

...for the State.

1.

Heard the learned Advocates for the parties. 2.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 138 bottles of phensedyl syrup from petitioners.

3. Under such circumstances and in view of statuary restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

4.

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

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