Rakesh Mondal v. The State Of West Bengal

55.

25-06-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 984 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No.104 of 2024 dated 22-02-2024 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Rakesh Mondal .... Petitioner.

Mr. Md. Zeeshan Uddin, Mr. Mazhar Hossain Chowdhury, Ms. Amrin Khatoon ... For the Petitioner.

Mr. Koushik Kundu, Ms. Sima Biswas ... For the State.

Commercial quantity of Phensedyl syrup was recovered from the possession of the petitioner, who is the sole accused in this case. He says that he is in custody for more than four months. He says that charge sheet has been filed without obtaining the chemical examination report. Learned advocate for the State tells us that chemical report dated June 13, 2024 has been obtained by the prosecution. The samples have tested positive for presence of Codeine. Charge sheet dated June 21, 2024 has been submitted after obtaining the chemical report. In view of the aforesaid and since commercial quantity of contraband item is involved, we are not inclined to entertain the petitioner's prayer for bail, at this stage, keeping in mind the restrictions of Section 37 of the NDPS Act. The application for bail being CRM (NDPS) 984 of 2024 is, thus, dismissed.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 27 th of June 2024 08:15:27 PM

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 27 th of June 2024 08:15:27 PM