Sahidul Sk @ Tota And ANR v. State Of West Bengal

05.06.2023 as/ tkm/ct 28 C.R.M. (NDPS) 1040 of 2023 sl no. 12 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kandi P.S. Case No. 344 of 2022 dated 21.6.2022 under section 21(c)/29 of the NDPS Act And In Re : Sahidul Sk @ Tota & Anr.

........ petitioners Mr. Jisam Hossin Ms. C Debnath Mr. K Mondal ...... for the petitioners Mr. Swapan Banerjee Mr. Suman De ...... for the State Chemical report is placed on record. It shows presence of codeine phosphate in the sample. Statements of witnesses and contemporaneous documents i.e. seizure memo shows recovery of narcotics above commercial quantity i.e. 10 ltrs. of codeine mixture 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.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)