Babu Ali Mushim Sk @ Babu Ali v. State Of West Bengal

21.12.2020.

34.

as (Rejected) C.R.M. 2955 of 2020 With CRAN 1 of 2020 (Old CRAN 1389 of 2020) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar P. S. Case No.839 of 2019 dated 08.10.2019 under Sections 21 ( C )/29 of the N. D. P. S. Act.

In the matter of : Babu Ali Muslim Sk. @ Babu Ali. ... Petitioner.

Mr. P. P. Das, Mr. A. A. Alamgir, Ms. R. Das.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Manisha Sharma.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Statements of witnesses disclose recovery of narcotic substance i.e. 4.9 ltrs. of codeine mixture which is above commercial quantity from the possession of the petitioner. Under such circumstances and in the light of the statutory restrictions under Section 37 of the N. D. P. S. Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

We, however, direct the trial court to consider the issue of framing charge at the earliest without granting unnecessary adjournment to either of the parties.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)