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Calcutta High CourtCRM (NDPS)/638/2023rejected

Humayun Sk @ Humayun Sekh v. State Of West Bengal

2023-04-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

04.04.2023.

13.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 638 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.30 of 2022 arising out of Kaliachak P.S. Case No.183 of dated 16.02.2022 under Section 22(c)/27A/29 of the NDPS Act.

In the matter of : Humayun Sk @ Humayun Sekh. ... Petitioner.

Mr. Tanweer Jamil Mandal, Ms. Somashree Dey.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

Petitioner is in custody for over 400 days. He renews his bail prayer.

Learned Advocate for the State opposes the bail prayer.

We have considered the materials on record. Bail prayer of the petitioner was rejected on merits earlier. Date has been fixed for recording evidence of the prosecution witnesses.

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.)