Kawsar Sk @ Kawsar Ali v. State Of West Bengal

03.05.2023 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 732 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.04.2023 in connection with Lalgola Police Station Case No.705 of 2021 dated 24.09.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.207 of 2021) And In Re: Kawsar Sk. @ Kawsar Ali ... ... Petitioner Mr. Arnab Chatterjee Mr. Jisan Iqubal Hossain Ms. Dhanasree Biswas Ms. Poulami Bose Ms. Chandrima Debnath ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State Chemical examiner's report is placed on record. Report shows presence of codeine phosphate in the sample.

Statements of witnesses including contemporaneous document i.e. seizure memo prima facie establish recovery of narcotic substance i.e. 8 ltrs. of codeine phosphate, which is above commercial quantity from the petitioner. His signature appears on the seizure memo and he does not stand on the same footing with co-accused viz. Jahangir Sk., who was enlarged on bail, inter alia, on the ground that neither his name nor his signature appears on the seizure memo. 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.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)