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Calcutta High CourtCRM (NDPS)/856/2022rejected

Karim Adaldar v. State Of West Bengal

2022-07-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

29.07.2022.

11.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 856 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N Case No.01 of 2022 arising out of Hasnabad P.S. FIR No.748 of 2021 dated 28.12.2021 under Sections 21(c)/29 of the N. D. P. S. Act. In the matter of : Karim Adaldar.

... Petitioner.

Mr. Mohinoor Rhaman, Ms. Maria Rahaman, Ms. Iqra Rahaman.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for seven months. He submits he has been falsely implicated in the instant case. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and seizure memorandum show recovery of 2.5 kgs. of codeine mixture from the possession of the petitioner. Co-accused fled away from the spot and has absconded. In view of the aforesaid materials on record disclosing prima facie involvement of the petitioner in the crime and in view of 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.)