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Calcutta High CourtCRM (NDPS)/1258/2023rejected

Hasanujjaman Mondal@Hasan And ANR v. State Of West Bengal

2023-07-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

14.07.2023 sdas rejected C.R.M.(NDPS) No. 1258 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 118 of 2022 dated 19.05.2022 under Sections 21(c )/22(c )/29 of the NDPS Act.

And In Re : Hasanujjaman Mondal @ Hasan & Anr. .... petitioners Mr. Asraf Mandal ....for the petitioners Mr. Saryati Datta .... for the State Heard the learned Counsel for the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 30 bottles of Phensedyl Cough Syrup containing codeine phosphate above commercial quantity from the possession of the petitioners.

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 petitioners.

The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)