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Calcutta High CourtCRM (NDPS)/617/2023rejected

Abu Munnath @ Munnath v. State Of West Bengal

2023-03-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

31.03.2023 as/ tkm/ct 28 C.R.M. (NDPS) 617 of 2023 sl no. 22 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Lake Town P.S. Case No. 253 of 2021 dated 24.9.2021 under section 21(c)/29 of the NDPS Act And In Re : Abu Munnath @ Munnath ........ petitioner Mr. D Kar ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Heard the learned advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous documents show recovery of narcotics above commercial quantity i.e. 40 kgs. of Ganja from the petitioner. Trial is in progress. Two witnesses have already been examined.

Under such circumstances and in the light of the statutory restrictions under section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)