Dulal Sk v. State Of West Bengal

C.R.M. (NDPS) 1049 of 2023 19.06.2023 Sl. 8 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure connection with Raghunathganj Police Station Case No. 549 of 2022 dated 01.07.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, corresponding to NDPS Case No. 162 of 2022 and Sections 182/465/468/471/475/120 IPC.

And In the matter of: Dulal Sk.

....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

1. A copy of Chemical Examination Report filed in Court today be taken on record.

2. Heard learned Counsel for the parties.

3. From the materials on record, it is found that 40 litres of codeine mixture were seized from the possession of the petitioner which is admittedly commercial quantity.

4. 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.

5. Accordingly, the prayer for bail is rejected.

6. The application being CRM (NDPS) 1049 of 2023 is dismissed.

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