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Calcutta High CourtCRM (NDPS)/1075/2023rejected

Md Abdul @ Md Abdullah v. State Of West Bengal

2023-06-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

08.06.2023 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 1075 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.05.2023 in connection with Dasnagar Police Station Case No.66 of 2022 dated 18.06.2022 under Section 21(c) of the NDPS Act.

And In Re: Md. Abdul @ Md. Abdullah ... ... Petitioner Mr. Asis Bhattacharyya Mr. B. Mitra ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Ashok Das ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 1.5 ltrs. of codeine phosphate, which is above commercial quantity 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.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)