Ariful Mondal v. State Of West Bengal

07.12.2021.

84.

as (Rejected) C.R.M. 7983 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.221 of 2020 arising out of Basirhat P.S. Case No.1131 of 2020 dated 16.10.2020 under Sections 21( c ) of the NDPS Act and Section 14 of the Foreigners Act.

In the matter of : Ariful Mondal.

... Petitioner.

Mr. Kamalesh Chandra Saha.

...for the Petitioner.

Ms. Sujata Das.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about one year and two months. It is submitted that they have been falsely implicated in the instant case.

The learned Advocate appearing for the State opposes the prayer for bail.

Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged possession of 5 ltrs. of codeine mixture, which is above commercial quantity 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.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)