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Calcutta High CourtCRM (NDPS)/1182/2023rejected

Saheb Sk v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023 Sl. No.11 akd [Rejected] C. R. M. (NDPS) 1182 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.06.2023 in connection with Baishnabnagar Police Station Case No.190 of 2021 dated 04.05.2021 under Sections 22(c)/27A/28/29 of the NDPS Act. (NDPS Case No.39 of 2021) And In Re: Saheb Sk.

... ... Petitioner Md. Wasim Akram Md. Bani Israil ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e.

15.6 kgs.

of methamphetamine, which is above commercial quantity from the joint possession of the petitioner and co-accused. Hence, we are not inclined to grant bail to the petitioner on merits.

On the plea of bail on the ground of illness, we note adequate medical attention has been extended to the petitioner. He has been treated at a specialized hospital. No case for release on humanitarian ground is also made out.

The application for bail is thus rejected.

Trial court is directed to ensure adequate medical assistance is extended to the petitioner as and when necessary. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)