Sattar Ali Sarkar v. State Of West Bengal

07.06.2023.

04.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1055 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.49 of 2021 arising out of Bizpur P.S. Case No.300 of 2021 dated 06.07.2021 under Sections 20(b)(ii) of the NDPS Act.

In the matter of : Sattar Ali Sarkar.

... Petitioner.

Mr. Anisur Rahman.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Suman De.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 21.8 kgs. of ganja from the petitioner.

Under such circumstances and in view of statutory restrictions under Section 37 of the N. D. P. S. Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)