Sk Ashik v. State Of West Bengal

26.07.2022 cm/ct 28 C.R.M. (NDPS) No. 832 of 2022 sl. no. 5 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Burdwan P.S Case No. 507 of 2022 dated 14.05.2022 under Sections 21( c ) of the N.D.P.S. Act. Rejected And In Re : Sk. Ashik.

..... petitioner Mr. Biswajit Hazra Mr. Archisman Sain ...... for the petitioner Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...... for the State Petitioner is in custody for 73 days. It is submitted that he is a student. He has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statements of witnesses and contemporaneous document namely, seizure list disclose recovery of narcotic substance above commercial quantity i.e. 1350 gms. of codeine mixture from the petitioner. In view of the aforesaid incriminating materials and in the light of the 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. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)