Calcutta High CourtCRM (NDPS)/556/2023rejected

Ataur Rahaman v. State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (NDPS) 556 of 2023 21.06.2023 Sl. 2 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 756 of 2021 dated 25.10.2021 under Sections 21(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985, corresponding to NDPS Case No. 231 of 2021.

And In the matter of: Ataur Rahaman ....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Antarikhya Basu ...for the State.

1. A copy of C.E. report filed by learned Counsel for the State be accepted on record.

2. Heard learned Counsel for the parties.

3. In view of the fact that 3.4 litre of codeine phosphate mixture (commercial quantity) has been seized from the possession of the petitioner and bar under Section 37 of the NDPS Act, we are not inclined to exercise our discretion under Section 439 Cr.P.C. in favour of the petitioner at this stage.

4. Accordingly, the prayer for bail is rejected.

5. The application being CRM (NDPS) 556 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)