Makbul Sk And ORS v. State Of West Bengal

16.11.2021 Serial no.642 Aloke (Through Video Conference) Ct. No. 29 CRM 7223 of 2021 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 07.10.2021 in connection with Duttapukur Police Station Case No. 530 of 2020 dated 21.07.2020 under Section 21(C) and Section 29 of the NDPS Act. -AndIn the matter of : Makbul Sk. & Ors.

... ...Petitioners Mr. Dwaipayan Ghosh, Advocate Mr. Sagnik Majumdar, Advocate ... ... For the Petitioners Mr. Sanjay Bardhan, Advocate Mr. Palash Chandra Majhi, Advocate ... ...For the State Petitioners seek bail.

Learned Advocate appearing for the petitioners submits that the petitioners are in custody for 480 days. He submits that the trial is yet to commence. The police however submitted charge-sheet and supplementary charge-sheet. Learned Advocate appearing for the State submits that five liters of codeine mixture was recovered from the joint possession of the petitioner.

Considering that narcotics of commercial quantity was recovered from the possession of the petitioners, we are of the view that the petitioners are not in a position to overcome the restrictions under Section 37 of the NDPS Act. Consequently, the prayer for bail is rejected. CRM 7223 of 2021 is, accordingly, dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)