Lalan Molla And ORS v. State Of West Bengal

17.08.2023 sdas rejected C.R.M.(NDPS) No. 1405 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 310 of 2022 dated 23.11.2022 under Sections 21(c )/29 of the NDPS Act.

And In Re : Lalan Molla & Ors. .... petitioners Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ....for the petitioners Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ...... for the State

1. Heard the learned Counsel for the parties.

2. We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 73 bottles of Phensedyl Syrup containing codeine phosphate from the joint possession of the petitioner and co-accused. They were trying to smuggle Phensedyl Syrup across the international border.

3. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)