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Calcutta High CourtCRM (NDPS)/1174/2023rejected

Amrita Halder v. State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen1 pages

21.06.2023 (D/L 24) Ct. No.29 Rejected (SKB) CRM (NDPS) 1174 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection Berhampore Police Station Case No. 1470 of 2021 dated 20.12.2021 under Sections 20(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

In the matter of : Amrita Halder ... Petitioner Mr. Amanul Islam, Mr. Sourav Mukherjee ... for the petitioner Mr. Saryati Datta ... for the State

1. Heard the learned Counsel appearing for the parties.

2. 348 bottles of phensedyl had been seized from the possession of the petitioner. Admittedly, the same is commercial quantity.

3. Taking into consideration the quantity of contraband seized and the bar under Section 37 of the N.D.P.S. Act, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 of the Cr.P.C. at this stage.

4. Accordingly, the prayer for bail of the petitioner is rejected.

5. C.R.M.(NDPS) 1174 of 2023 is disposed of.

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