Jayanta Mondal And ANR v. State Of West Bengal

24.08.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 958 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.08.2022 in connection with Burwan Police Station Case No. 346 of 2021 dated 05.12.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.275 of 2021) And In Re: Jayanta Mondal @ Ramu Mondal & Anr.

... ... Petitioners Mr. Tapodip Gupta ... ... for the petitioners Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 265 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. 1400 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the joint possession of the petitioners. 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 petitioners. The application for bail is thus rejected.

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