Md Azizur Rahaman v. State Of West Bengal

19.07.2023 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 1107 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.06.2023 in connection with Kaliachak Police Station Case No.875 of 2022 dated 12.08.2022 under Sections 21(c)/27A/29 of the NDPS Act. (NDPS Case No.122 of 2022) And In Re: Md. Azizur Rahaman ... ... Petitioner Mr. Mrityunjoy Chatterjee ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about nine months. It is further submitted no narcotics was recovered from his possession. Investigation is complete. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail and submits further investigation is in progress.

Telephonic conversations between the petitioner and absconding accused were collected. Inspite of notice, the absconding accused has not responded. He seeks time to make further investigation.

We have considered the materials on record. Though no narcotics was recovered from the possession of the petitioner, materials on record show interstate transportation of drugs for non-medicinal purposes. Petitioner had telephonic conversations with co-accused including distributors who are absconding. Further investigation to unravel the conspiracy is in progress. Three months time is sought for to conclude further investigation. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

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