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Calcutta High CourtCRM (NDPS)/842/2023rejected

Aman Hossain v. State Of West Bengal

2023-04-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

24.04.2023.

17.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 842 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N Case No.72 of 2021 arising out of Belghoria PS Case No.597 of 2021 dated 28.08.2021 under Sections 21(c)/29 of the NDPS Act.

In the matter of : Aman Hossain.

... Petitioner.

Mr. Debashis Kar, Mr. Sourav Mukherjee.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty.

...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 3.3 kgs. codeine phosphate above commercial quantity from the petitioner. Date has been fixed for recording 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 petitioner.

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

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