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Calcutta High CourtCRM (NDPS)/1409/2023rejected

Nandalal Mondal @ Abhay Mondal v. State Of West Bengal

2023-08-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

17.08.2023.

18.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1409 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.137 of 2022 arising out of Raghunathganj P.S. Case No.433 of 2022 dated 30.05.2022 under Sections 21(c)/29 of the NDPS Act.

In the matter of : Nandalal Mondal @ Abhay Mondal. ... Petitioner.

Mr. Tapodip Gupta.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Arani Bhattacharyya.

...for the State.

1.

Petitioner is in custody for one year and two months. He renews his bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. He submits bail prayer of the petitioner was rejected in March, 2023.

3.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum shows recovery of narcotics above commercial quantity i.e. 10 ltrs. of codeine phosphate from the petitioner and co-accused. Bail prayer of the petitioner was rejected in March, 2023. There is no change in circumstance since then.

4.

Hence, we are not inclined to grant bail to the petitioner.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)