Rajan Sk @ Ajimalim Sekh v. State Of West Bengal

27.03.2023.

22.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 518 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.316 of 2020 dated 30.10.2020 under Sections 21C/29 of the NDPS Act.

In the matter of : Rajan Sk. @ Ajimalim Sekh. ... Petitioner.

Mr. Soumik Ganguli, Mr. Dipendu Banerjee, Mr. Supriyo Shasmal.

...for the Petitioner.

Mr. T. D. Nandy, Mr. Antarikhya Basu.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 256 grams of heroin from the joint possession of the petitioner and co-accused. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

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