Pervez Khamar v. State Of West Bengal

23.03.2023 Sl. No.6 akd [Rejected] C. R. M. (NDPS) 464 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.03.2023 in connection with Amdanga Police Station Case No.319 of 2022 dated 30.06.2022 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No. N-100 of 2022) And In Re: Pervez Khamar ... ... Petitioner Mr. Prakash Chandra Pal ... ... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 28.5 kgs. of Ganja, which is above commercial quantity from the petitioner.

Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

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