Birendra Kumar Roy v. State Of West Bengal

04.07.2023 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 1128 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.06.2023 in connection with Raghunathganj Police Station Case No.783 of 2021 dated 10.12.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.279 of 2021) And In Re: Birendra Kumar Roy ... ... Petitioner Mr. Anisur Rahaman ... ... for the petitioner Mr. Sudip Ghosh Mr. Koushik Kundu ... ... for the State Chemical examiner's report is placed on record. Report shows presence of Ganja in the sample.

In view of the aforesaid report and other materials on record showing recovery of narcotic substance above commercial quantity from the petitioner and 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.)