Calcutta High CourtCRM (NDPS)/1116/2023rejected

Hasibul Sk @ Hasibur @ Hasibur Sekh v. State Of West Bengal

2023-06-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (NDPS) 1116 of 2023 19.06.2023 Sl. 19 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure connection with Jiaganj Police Station Case No. 122 of 2021 dated 03.08.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, corresponding to NDPS Case No. 162 of 2021 and Sections 182/465/468/471/475/120 IPC.

And In the matter of: Hasibul Sk @ Hasibur @ Hasibur Sekh ....petitioner.

Ms. Jeenia Rudra ...for the petitioner.

Mr. Saryati Datta ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials on record, it is found that 1kg. Heroine was seized from the possession of the petitioner which is admittedly commercial quantity.

3. 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.

4. Accordingly, the prayer for bail is rejected.

5. The application being CRM (NDPS) 1116 of 2023 is dismissed.

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