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Calcutta High CourtCRM (NDPS)/1472/2023rejected

Tufajjul Mondal @ Mandal v. State Of West Bengal

2023-09-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

01.09.2023 Sl. No.10 akd [Rejected] C. R. M. (NDPS) 1472 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.08.2023 in connection with Berhampore Police Station Case No.368 of 2022 dated 25.03.2022 under Sections 22(c)/29 of the NDPS Act. (NDPS Case No.81 of 2022) And In Re: Tufajjul Mondal @ Mandal ... ... Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioner Mr. Saryati Datta ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 5000 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from a vehicle. Petitioner was the driver of the vehicle. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

3. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)