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Calcutta High CourtCRM (NDPS)/1241/2023rejected

Ananda Das v. State Of West Bengal

2023-07-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

11.07.2023.

27.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1241 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.14 of 2023 arising out of Hili P.S. Case No.31 of dated 06.02.2023 under Sections 186/188/353/379/411/307 of the Indian Penal Code read with Sections 21(c)/22(c)/23(c)/27A of the NDPS Act. In the matter of : Ananda Das.

... Petitioner.

Mr. Kaushik Choudhury.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 100 bottles of cough syrup containing codeine phosphate from the possession of the petitioner.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS 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.)