Ohidur Rahaman And ANR v. State Of West Bengal

25.07.2022.

02.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 816 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.1051 of 2021 dated 29.09.2021 under Sections 22(c)/27a/29 of the N. D. P. S. Act.

In the matter of : Ohidur Rahaman & Anr.

... Petitioners.

Mr. Tapodip Gupta.

...for the Petitioners.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. Statements of seizing officer and contemporaneous document i.e. seizure memo show recovery of 800 grams of yaba tablets which is above commercial quantity from the possession of the petitioner. Non examination of independent witnesses require to be assessed in the light of the other incriminating materials and other attending circumstances of the case. Hence, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioner is rejected.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)