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Calcutta High CourtCRM (NDPS)/885/2022rejected

Abhisekh Biswas @ Avishek Biswas And ANR v. State Of West Bengal

2022-08-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

03.08.2022.

11.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 885 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.50 of 2020 arising out of Krishnaganj P.S. Case No.156 of 2020 dated 27.07.2020 under Sections 21(c) of the N. D. P. S. Act. In the matter of : Abhisekh Biswas @ Avishek Biswas & Anr.

... Petitioners.

Mr. Soubhik Mitter, Mr. Litan Maitra, Mr. Kalyan Kr. Bhattacharyya, Ms. Rajnandini Das.

...for the Petitioners.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotic substance above commercial quantity i.e. 5100 bottles of phensedyl syrup from the petitioners and the co-accused.

In view of the incriminating materials on record and the statutory restrictions under Section 37 of the N. D. P. S. Act, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected.

We direct the trial court to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)