Munna Sk @ Manarul Hossain v. State Of West Bengal

30.03.2023.

20.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 587 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.45 of 2021 arising out of Daulatabad P.S. Case No.37 of 2021 dated 08.03.2021 under Section 21(c)/29 of the NDPS Act.

In the matter of : Munna Sk @ Manarul Hossain. ... Petitioner.

Mr. Tapodip Gupta.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 3275 bottles of phensedyl syrup containing codeine phosphate from petitioner and coaccused. Trial is at its fag end. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)