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Calcutta High CourtCRM (NDPS)/918/2022rejected

Saiful Islam Dhali v. State Of West Bengal

2022-08-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

12.08.2022 cm/ct 28 C.R.M. (NDPS) No. 918 of 2022 sl. no. 10 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Basirhat P.S Case No. 394 of 2022 dated 16.06.2022 under Sections 21 (c ) of the N.D.P.S. Act, 1985. Rejected And In Re : Saiful Islam Dhali.

..... petitioner Mr. Mazahar Hossain Chowdhury Mr. Mobashshara Alam ...... for the petitioner Mr. T.D. Nandy Mr. Antarikhya Basu ...... for the State Heard the learned advocates appearing for the parties. We have considered the materials on record. Statements of witnesses and contemporaneous document namely, seizure list disclose recovery of narcotic substance i.e. 100 bottles of phensedyl containing codeine phosphate which is above commercial quantity from the petitioner.

In view of the aforesaid incriminating materials and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. FSL report be produced before the trial court at the earliest. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)