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Calcutta High CourtCRM (NDPS)/808/2023rejected

Nabin Upadhyay v. State Of West Bengal

2023-04-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.04.2023 sdas rejected C.R.M. (NDPS) No. 808 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bally Police Station Case No. 49 of 2022 dated 25.03.2022 under Section 21(c ) of the NDPS Act.

And In Re : Nabin Upadhyay ..... petitioner Mr. Pawan Kumar Gupta Ms. Safia Nesar Mr. S. Sett ... for the petitioner Mr. Sanjib Kumar Dan ... for the State Heard the learned Counsels for the parties.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics i.e. three liters of Codeine Mixture above commercial quantity from the possession of the petitioner.

In view of the aforesaid circumstances and 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.)