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Calcutta High CourtCRM (NDPS)/759/2023rejected

Jakir Hussion @ Md Zakir Hossain @ Natka Hussion v. State Of West Bengal

2023-04-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

17.04.2023.

18.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 759 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.15 of 2022 arising out of Bhadreswar PS Case No.238 of 2022 dated 16.05.2022 under Sections 21(C) of the NDPS Act.

In the matter of : Jakir Hussion @ Md. Zakir Hossain @ Natka Hussion.

... Petitioner.

Mr. Arunava Ganguly.

...for the Petitioner.

Mr. Ranadeb Sengupta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum prima facie disclose recovery of 2 ltrs of codeine mixture from the petitioner. 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.

Chemical examiner's report be filed before the trial court at the earliest.

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