Md. Sabir @ Kashi v. State Of West Bengal

30.03.2023.

28.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 595 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.22 of 2021 arising out of Rishra P.S. Case No.85 of 2021 dated 24.06.2021 under Section 21(c) of the NDPS Act and charge sheet submitted under Section 21(c) of the NDPS Act.

In the matter of : Md. Sabir @ Kashi.

... Petitioner.

Mr. Rajendra Chaturvedi.

...for the Petitioner.

Mr. Binay Panda, Mr. Subham Bhakat.

...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. 3.5 ltrs. codeine mixture from petitioner.

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.)