Firoj Kamal @ Kathu @ Potu v. State Of West Bengal

21.06.2022 Sl. No.11 akd [Rejected] C. R. M. (NDPS) 681 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.06.2022 in connection with Bhagwangola Police Station Case No. 416 of 2021 dated 04.09.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.188 of 2021) And In Re: Firoj Kamal @ Kathu @ Potu ... ... Petitioner Mr. Ali Ahsan Alamgir Ms. Riya Das Ms. Rabia Khatoon ... ... for the petitioner Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State Petitioner renews his prayer for bail.

It is submitted on behalf of the petitioner no narcotic substance was recovered from his possession.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. On the leading statement of the petitioner narcotic substance above commercial quantity i.e. 25 bottles of phensedyl surup was recovered from backside of his house. Recovery was witnessed by independent witnesses. In view of the aforesaid fact and as the prayer for bail of the petitioner was rejected in February, 2022 and there is no change in circumstance since then, we are not inclined in granting bail to the petitioner. The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)