Gumani Sekh @ Gumani Sk v. State Of West Bengal

05.07.2023.

34.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1103 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.47 of 2021 arising out of Karandighi P.S. Case No.344 of 2021 dated 19.07.2021 under Sections 21(C) of the NDPS Act.

In the matter of : Gumani Sekh @ Gumani Sk.

... Petitioner.

Mr. Jisan Iqbal Hossain, Ms. Chandrima Debnath, Mr. Karnel Mondal.

...for the Petitioner.

Mr. Antarikhya Basu.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document show recovery of narcotics above commercial quantity i.e. 15 bottles of phensedyl syrup containing codeine mixture from the petitioner.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

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