Tahijul Sk @ Hana @ Taijul Sk And ANR v. State Of West Bengal

03.04.2023 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 504 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 Jalangi Police Station Case No.177 of 2022 dated 26.05.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.132 of 2022) And In Re: Tahijul Sk. @ Hana @ Taijul Sk. & Anr. ... ... Petitioners Mr. Soumyajit Das Mahapatra ... ... for the petitioners Mr. T. D. Nandy Mr. Antarikhya Basu ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about ten months. It is further submitted samples have not been drawn for chemical examination.

Chemical examiner's report is placed on record on behalf of the State.

Materials on record show recovery of narcotics above commercial quantity. Inventory has been made in terms of Section 52A of the NDPS Act and representative samples have been drawn. The samples have been sent for chemical examination. 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 petitioners. The application for bail is thus rejected.

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