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Calcutta High CourtCRM (NDPS)/501/2023rejected

Bapan Mondal @ Bapan Mondal And ANR v. State Of West Bengal

2023-04-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

24.04.2023 Sl. No.5 akd [Rejected] C. R. M. (NDPS) 501 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.03.2023 in connection with Jalangi Police Station Case No.16 of 2021 dated 14.01.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.15 of 2021) And In Re: Bapun Mondal @ Bapan Mondal & Anr.

... ... Petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioners Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Manoranjan Mahata ... ... for the State Chemical examiner's report is placed on record. Report shows presence of codeine phosphate in the sample.

In view of the aforesaid report and other materials on record showing recovery of narcotic substance i.e. 746 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity in all from the petitioners and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

The application for bail is thus rejected.

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