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Calcutta High CourtCRM (NDPS)/403/2023rejected

Saddam Mondal And ANR v. State Of West Bengal

2023-04-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

17.04.2023.

02.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 403 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.165 of 2022 arising out of Jalangi P.S. Case No.228 of 2022 dated 06.07.2022 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Saddam Mondal & Anr.

... Petitioners.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose.

...for the Petitioners.

Mr. Sanjoy Bardhan, Ms. Baishaki Chatterjee.

...for the State.

Heard the learned Advocates for the parties.

Chemical examiner's report is placed on record. Report shows presence of ganja in the sample and materials on record prima facie establish recovery of 22 kgs. of ganja from the joint possession of the petitioners and co-accused.

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

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

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