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Calcutta High CourtCRM (NDPS)/886/2022rejected

Md Najbuddin Mondal @ Kena And ANR v. State Of West Bengal

2022-08-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

04.08.2022.

09.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 886 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.145 of 2020 arising out of Barasat P.S. Case No.317 of 2020 dated 12.07.2020 under Sections 21(c)/29 of the N. D. P. S. Act. In the matter of : Md. Najbuddin Mondal @ Kena & Anr. ... Petitioners.

Mr. Susnigdho Bhattacharyya, Mr. Prodyut Hajra.

...for the Petitioners.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharyya.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. Statements of witnesses and seizure memorandum show recovery of narcotic substance above commercial quantity i.e. 5.5 ltrs. of codeine mixture from the joint possession of the petitioners. In view of the aforesaid 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.)