Abdul Barik Momin v. State Of West Bengal
04.07.2023.
D/L 27 Ct.No.28 SKB (Rejected) C.R.M. (NDPS) 1204 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Samsherganj P. S. Case No.191 of 2021 dated 17.07.2021 under Sections 21(c)/29 of the NDPS Act corresponding NDPS Case No.141 of 2021.
In the matter of : Abdul Barik Momin .... Petitioner Mr. Omar Faruk Gazi ... for the Petitioner Mr. Nequive Ahamed, ld. A.P.P., Ms. Trina Mitra ... for the State We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics i.e. 300 gms. of heroin from the petitioner.
Under such circumstances and in view of statutory restrictions under Section 37 of the N. D. P. S. 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.)