Nurjamal Sk @ Naju v. State Of West Bengal

12.09.2022 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 1032 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.09.2022 in connection with Lalgola Police Station Case No. 341 of 2020 dated 23.09.2020 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.215 of 2020) And In Re: Nurjamal Sk. @ Naju ... ... Petitioner Mr. Syed Neer Ahmed ... ... for the petitioner Mr. Binay Panda Mrs. Puspita Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more about two years. It is further submitted petitioner is innocent. 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. 70 bottles of phensedyl syrup containing codeine phosphate, 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.

Trial court is directed to expedite the trial and conclude the same as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

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