Basudeb Ghosh v. State Of West Bengal

10.12.2021 saswata ct 28 C.R.M. 6772 of 2021 sl no. 95 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Kotwali P.S. case no. 930/2020 dated 02.12.2020 under sections 21(c) of the NDPS Act. And In Re : Basudeb Ghosh ........ petitioner Mr. Prabir Majumder ...... for the petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Dhali ...... for the State Petitioner is in custody for 1 year and 2 months. Learned lawyer for the State opposes the prayer for bail. Statements of witnesses including contemporaneous document, namely, seizure memo show recovery of 2700 bottles of phensedyl containing codeine mixture above commercial quantity from the joint possession of the petitioner.

Having considered the materials on record and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. Learned Trial Court is requested to expedite the trial of the case.

(Joymalya Bagchi, J.) (Bivas Pattanayak, J.)