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Calcutta High CourtCRM (NDPS)/529/2023rejected

Shafiq Mondal @ Safik Sk v. State Of West Bengal

2023-03-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

28.03.2023 Sl. No.13 akd [Rejected] C. R. M. (NDPS) 529 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.03.2023 in connection with Chapra Police Station Case No.483 of 2022 dated 09.08.2022 under Sections 21/23 of the NDPS Act.

And In Re: Shafiq Mondal @ Safik Sk.

... ... Petitioner Mr. Sumanta Das ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... ... 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. 579 bottles of phensedyl syrup containing codeine phosphate, 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.)