Subash Das @ Biswajit @ Subhas Das @ Subhas Biswas v. State Of West Bengal

28.03.2023 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 525 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.03.2023 in connection with Bizpur Police Station Case No.42 of 2022 dated 25.01.2022 under Sections 21(c)/29 of the NDPS Act.

And In Re: Subash Das @ Biswajit @ Subhas Das @ Subhas Biswas ... ... Petitioner Mr. Sekhar Barman Mr. Rohit Prasad ... ... for the petitioner Mr. Saryati Datta ... ... 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. 5 ltrs. of codeine mixture, 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.)