Surman Hoque @ Baghu v. State Of West Bengal

11.04.2023 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 548 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.682 of 2021 dated 09.09.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.191 of 2021) And In Re: Surman Hoque @ Baghu ... ... Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose Ms. Chandrima Debnath ... ... for the petitioner Mr. T. D. Nandy Mr. Antarikhya Basu ... ... 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. 15 ltrs. of codeine phosphate, which is above commercial quantity from the petitioner 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.)