Basiruddin Mondal @ Basir And ANR v. State Of West Bengal

11.04.2023 Sl. No.6 akd [Rejected] C. R. M. (NDPS) 547 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 Matia Police Station Case No.97 of 2022 dated 25.03.2022 under Section 21(c) of the NDPS Act.

And In Re: Basiruddin Mondal @ Basir & Anr.

... ... Petitioners Mr. Shashanka Shekhar Saha ... ... for the petitioners Mr. Binay Panda Mrs. Puspita Saha ... ... 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. 6.2 ltrs. of codeine phosphate, which is above commercial quantity from the joint possession of the petitioners and 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.)