Jamirul Sk v. State Of West Bengal

10.07.2025 Court No.29 Item No.51 AP CRM (NDPS) 601 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure 1973, corresponding to under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhagwangola Police Station Case No. 535 of 2024 dated 21.10.2024 under sections 21(C)/29 of the NDPS Act, 1985 (corresponding to NDPS Case No.110 of 2024).

In the matter of : Jamirul Sk .... Petitioner.

Mr. Ali Ahsan Alamgir Mr. June Modak Ms. Soma Mal Ms. Rabia Khatoon ...for the Petitioner.

Mr. Anand Keshari Mr. D. Dutta ...for the State.

Prosecution case is that 57 bottles of cough syrup containing Codeine Phosphate and Triprolidine HCL Syrup was recovered from the house of the present petitioner. Petitioner submits that charge sheet has been submitted in the instant case but charge has not yet been framed. The petitioner is in custody 'for about 263 days. He may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposes the prayer for bail contending that commercial quantity of narcotic substance was recovered from the exclusive possession of the present petitioner and the other accused was granted bail as nothing was recovered from his possession. He further submits that the trial is going to commence shortly.

Having heard the learned counsel appearing on behalf of the petitioner and the State and that the rigour of Section 37 of the Act clearly attract in respect of the present petitioner, the prayer for bail is considered and rejected.

Accordingly, CRM (NDPS) 601 of 2025 is disposed of. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)