Dwijendranath Sarkar v. State Of West Bengal

12.04.2023 Sl. No.11 akd [Rejected] C. R. M. (NDPS) 557 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.03.2023 in connection with Raninagar Police Station Case No.495 of 2021 dated 27.11.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.267 of 2021) And In Re: Dwijendranath Sarkar ... ... Petitioner Mr. Tapodip Gupta ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... ... 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. 300 bottles of phensedyl syrup containing 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.)