Saddam Hossain v. State Of West Bengal

26.04.2023 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 868 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.04.2023 in connection with Samsherganj Police Station Case No.179 of 2022 dated 23.05.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.133 of 2022) And In Re: Saddam Hossain ... Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ... for the petitioner Mr. Saryati Datta ... for the State It is submitted on behalf of the petitioner that he is in custody for about eleven months. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e.

625 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the petitioner. 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.

The application for bail is thus rejected.

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