Kadir Sk v. State Of West Bengal

C.R.M. (NDPS) 1159 of 2023 19.06.2023 Sl. 26 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure connection with Ranitala Police Station Case No. 150 of 2022 dated 20.04.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, corresponding to NDPS Case No. 102 of 2022.

And In the matter of: Kadir Sk.

....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Ranadeb Sengupta ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials on record, it is found that 150 bottles of phensedyl were 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) 1159 of 2023 is dismissed.

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