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Calcutta High CourtCRM (NDPS)/1141/2023rejected

Amir Sk@Chand v. State Of West Bengal

2023-07-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

05.07.2023.

62.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1141 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection Special Case No.41 of 2022 arising out of Katwa G.R.P.S. Case No.14 of 2022 dated 17.10.2022 under Sections 20(b)(ii)(c) of the NDPS Act.

In the matter of : Amit Sk @ Chand.

... Petitioner.

Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Payel Shome, Ms. Mousumi Hazra, Ms. Sampriti Saha, Ms. Purba Mukherjee.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...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. 23.2 kgs. of ganja from the joint possession of the petitioner and co-accused.

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.)