Indadul Shah v. State Of West Bengal

C.R.M. (NDPS) 1035 of 2023 19.06.2023 Sl. 6 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Jalangi Police Station Case No. 334 of 2022 dated 27.10.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, corresponding to NDPS Case No. 206 of 2022. And In the matter of: Indadul Shah ....petitioner.

Mr. Arnab Chatterjee Mr. Jisan Iqbal Hossain Ms. Poulami Bose Mr. Chandrima Debnath ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials on record, it is found that 70 bottles of phensedyl was seized from the possession of the petitioner which is admittedly commercial quantity.

3. Regard being had to the gravity of offence and the bar under Section 37 of the NDPS Act, we are not inclined to exercise discretion in favour of the petitioner under Section 439 Cr.P.C. at this stage.

4. Accordingly, the prayer for bail is rejected.

5. The application being CRM (NDPS) 1035 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)