Calcutta High CourtCRM (NDPS)/1299/2023rejected

Sagar Kirtaniya v. State Of West Bengal

2023-09-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee1 pages

18.09.2023 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 1299 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.07.2023 in connection with Bagdah Police Station Case No.644 of 2022 dated 21.08.2022 under Sections 20(b)/21(c)/29 of the NDPS Act.

And In Re: Sagar Kirtaniya ... ... Petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Saryati Datta ... ... for the State

1. Chemical examiner's report is placed on record. Report shows presence of Ganja and codeine phosphate in the sample.

2. Materials on record prima facie establish recovery of narcotics above commercial quantity from the petitioner. 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.

3. The application for bail is thus rejected. (Ajoy Kumar Mukherjee, J.) (Joymalya Bagchi, J.)