Ujjwal Garai v. State Of West Bengal

31.03.2023.

16.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 611 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.21 of 2022 arising out of Andal P.S. Case No.314 of 2022 dated 25.08.2022 under Section 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Ujjwal Garai.

... Petitioner.

Mr. Anirban Mitra, Mr. Amit Halder, Mr. Wasim Akram.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharya.

...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. 22.7 kgs. of ganja in all from the petitioner and co-accused.

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.)