Mukhtar Khan @ Guddu Khan v. State Of West Bengal

05.04.2023 sdas/ tkm/ct 28 C.R.M. (NDPS) 639 of 2023 sl no. 3 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dankuni P.S. Case No. 273 of 2021 dated 26.8.2021 under section 21(c) of the NDPS Act And In Re : Mukhtar Khan @ Guddu Khan ........ petitioner Mr. S Ghosh Chowdhury ...... for the petitioner Mr. Saryati Datta ...... for the State Petitioner submits chemical examiner's report has not been filed.

Learned lawyer for the State disputes such submission and places chemical examiner's report.

We have considered the materials on record. Statements of witnesses and contemporaneous documents show recovery of narcotics above commercial quantity i.e. 2 ltrs. of codeine mixture from the petitioner. Chemical examiner's report shows presence of narcotic containing codeine phosphate.

Under such circumstances and in view 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.)