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Calcutta High CourtCRM (NDPS)/1322/2023rejected

Piyar Gazi v. State Of West Bengal

2023-07-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

31.07.2023.

06.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1322 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.N-144 of 2022 arising out of Hasnabad P.S. Case No.589 of 2022 dated 04.12.2022 under Sections 21(c) of the NDPS Act.

In the matter of : Piyar Gazi.

... Petitioner.

Mrs. Nasra Ali Rahman.

...for the Petitioner.

Mr. Saryati Datta.

...for the State.

Heard the learned Advocates for the parties.

Report is placed on record.

We have considered the materials on record. Report shows averments made by the petitioner that his daughters have expired, are false. We deprecate the conduct of the petitioner in making false statement on oath.

Be that as it may, petitioner is already in custody and facing prosecution in respect of an offence which if proved, would attract imprisonment upto 20 years. In view of the aforesaid circumstances, we do not choose to initiate perjury proceeding against him. However, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)