Tofajul Hossain @ Md Tofajjulhossain And ANR v. State Of West Bengal
03.05.2023 Sl. No.4 akd [Rejected] C. R. M. (NDPS) 640 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.03.2023 in connection with Lalgola Police Station Case No.692 of 2021 dated 13.09.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.195 of 2021) And In Re: Tofajul Hossain @ Md. Tofajjul Hossain & Anr. ... ... Petitioners Mr. Tapodip Gupta ... ... for the petitioners Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... ... for the State Chemical examiner's report is placed on record. Report shows presence of codeine phosphate in the sample.
In view of the aforesaid report and other materials on record showing recovery of narcotic substance i.e. 20 ltrs. of codeine mixture, which is above commercial quantity from the petitioners and co-accused and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners. The application for bail is thus rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)