Firoz Sardar v. State Of West Bengal

25.04.2023 as/tkm/ct 28 C.R.M. (NDPS) 862 of 2023 sl no. 18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Swarupnagar PS case no. 318 of 2022 dated 3.4.2022 under section 21(c)/29 of the NDPS Act And In Re : Firoz Sardar ...... petitioner Mr. A Khan Mr. P Roy ...... for the petitioner Mr. S Bardhan Mr. Palash Chandra Majhi ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous documents show recovery of 5 ltrs. of codeine mixture from the petitioner. Trial is in progress and two witnesses have already been examined. 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.

Accordingly, prayer for bail is rejected.

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