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Calcutta High CourtCRM (NDPS)/1275/2023rejected

Doliara Bibi v. State Of West Bengal

2023-07-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

18.07.2023 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 1275 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.07.2023 in connection with Lalgola Police Station Case No.185 of 2022 dated 04.06.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.141 of 2022) And In Re: Doliara Bibi ... ... Petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath ... ... for the petitioner Mr. Antarikhya Basu ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 73 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the joint possession of the petitioner and co-accused. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

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