Sk. Azad @ Antu v. State Of West Bengal

23.08.2022 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 947 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.08.2022 in connection with Bagnan Police Station Case No. 36 of 2022 dated 29.01.2022 under Section 20(b)(c) of the NDPS Act.

And In Re: Sk. Azad @ Antu ... ... Petitioner Mr. Anindya Ghosh ... ... for the petitioner Mr. S. S. Imam Mr. S. Kundu ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 206 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 25 kgs. of Ganja, which is above commercial quantity from the joint possession of the petitioner and co-accused. In view of the aforesaid fact 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.)