Raihan Molla v. State Of West Bengal

01.09.2023 Sl. No.11 akd [Rejected] C. R. M. (NDPS) 1473 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 Domkal Police Station Case No.285 of 2022 dated 08.05.2022 under Sections 22(c)/29 of the NDPS Act. (NDPS Case No.116 of 2022) And In Re: Raihan Molla ... ... Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioner Mr. Saswata Gopal Mukherji .. ld. Public Prosecutor Mr. Sandip Chakraborty Mr. Antarikhya Basu ... ... 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. 100 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the petitioner. 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.)