Surman Molla@Chhurman Molla v. State Of West Bengal

27.04.2023 Sl. No.13 akd [Rejected] C. R. M. (NDPS) 884 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.04.2023 in connection with Jalangi Police Station Case No.416 of 2020 dated 04.12.2020 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.267 of 2020) And In Re: Surman Molla @ Chhurman Molla ... Petitioner Mr. Tapodip Gupta ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State It is submitted on behalf of the petitioner that he is in custody for about 21⁄2 years. It is further submitted prosecution witnesses have not been examined. 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. 236 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the petitioner. Date has been fixed for recording prosecution evidence. 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.)