Halim Sk. @ Halim Sekh v. State Of West Bengal

08.09.2022.

02.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1022 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.208 of 2021 arising out of Bhagwangola P.S. Case No.434 of 2021 dated 26.09.2021 under Sections 21(C)/29 of the N. D. P. S. Act.

In the matter of : Halim Sk @ Halim Sekh.

... Petitioner.

Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 450 bottles of phensedyl containing codeine phosphate which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials on record and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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