Asim Mondal v. State Of West Bengal

21.09.2022 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 1061 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.09.2022 in connection with Santiniketan Police Station Case No. 78 of 2022 dated 06.05.2022 under Sections 21/29 of the NDPS Act.

And In Re: Asim Mondal ... ... Petitioner Mr. Sanjib Kumar Dan Mr. Saryati Datta Mr. Ranadeb Sengupta ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 60 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.

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