Nasiruddin Sardar @ Nasir v. State Of West Bengal

04.09.2023 Sl. No.11 akd [Rejected] C. R. M. (NDPS) 1479 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.08.2023 in connection with Bongaon Police Station Case No.670 of 2020 dated 12.11.2020 under Section 21(c) of the NDPS Act. (NDPS Case No.3543 of 2020) And In Re: Nasiruddin Sardar @ Nasir ... ... Petitioner Mr. Rameshwar Sinha ... ... 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. 5 ltrs. of codeine mixture, which is above commercial quantity from the petitioner. His bail prayer was rejected earlier. There is no change in circumstance since then. 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.)