Md Kabirul Islam v. State Of West Bengal

18.04.2023 Sl. No.2 akd [Rejected] C. R. M. (NDPS) 533 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 Lalgola Police Station Case No.726 of 2021 dated 07.10.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.216 of 2021) And In Re: Md. Kabirul Islam ... ... Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Chandrima Debnath ... ... for the petitioner Mr. Saryati Datta ... ... 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. 4 ltrs. of codeine phosphate, which is above commercial quantity from the petitioner and co-accused and 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.)