Subrata Bala v. State Of West Bengal

08.08.2022 Sl. No.6 akd [Rejected] C. R. M. (NDPS) 897 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.08.2022 in connection with Dhantala Police Station Case No. 401 of 2021 dated 23.08.2021 under Section 21(c) of the NDPS Act. (NDPS Case No.86 of 2021) And In Re: Subrata Bala ... ... Petitioner Mr. Shiladitya Barma ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State Heard the learned advocate 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. 20 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the joint possession of the petitioner and co-accused. In view of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioner.

The application for bail is thus rejected.

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