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Calcutta High CourtCRM (NDPS)/999/2022rejected

Mobark Sk. v. State Of West Bengal

2022-09-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

05.09.2022 Sl. No.5 akd [Rejected] C. R. M. (NDPS) 999 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.08.2022 in connection with Kaliachak Police Station Case No. 383 of 2021 dated 05.04.2021 under Sections 21(c)/29 of the NDPS Act.

And In Re: Mobark Sk.

... ... Petitioner Mr. Savon Dasgupta ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 262 gms. of brown sugar, which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)