Mithun Biswas v. State Of West Bengal

05.09.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 1002 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.08.2022 in connection with Dhantala Police Station Case No. 56 of 2022 dated 02.02.2022 under Section 21(c) of the NDPS Act. (NDPS Case No.05 of 2022) And In Re: Mithun Biswas ... ... Petitioner Ms. Sananda Bhattacharyya ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 215 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. 30 bottles of phensedyl syrup containing codeine mixture, which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials and the 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.)