Md. Mainul Sk. v. State Of West Bengal

21.12.2020.

40.

as (Rejected) C.R.M. 3001 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N.D.P.S. Case No.21 of 2017 arising out of Lalgola P. S. Case No.26 of 2017 dated 08.01.2017 under Sections 21 ( C )/29 of the N. D. P. S. Act.

In the matter of : Md. Mainul Sk. ... Petitioner. Ms. R. Das.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. N. Ahmed, Md. Anwar Hossain.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Statements of witnesses disclose recovery of narcotic substance i.e. 160 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.

However, we direct the trial court to conclude the trial preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

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