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Calcutta High CourtCRM (NDPS)/816/2023rejected

Asish Biswas And ANR v. State Of West Bengal

2023-04-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

20.04.2023.

11.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 816 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.117 of 2021 arising out of Taherpur P.S. Case No.295 of 2021 dated 24.10.2021 under Sections 21(C) of the NDPS Act.

In the matter of : Asish Biswas & Anr.

... Petitioners.

Mr. Sumanta Das.

...for the Petitioners.

Mr. T. D. Nandy, Mr. Antarikhya Basu.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Bail prayer of the petitioners was rejected earlier on merits. 50 kgs. of ganja was recovered from a vehicle. Petitioners were present in the vehicle. Thereafter, charge has been framed and date has been fixed for recording prosecution evidence.

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 petitioners.

Accordingly, the prayer for bail of the petitioners is rejected.

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