Abdur Rahim @ Rahim @ Abdul Rahim v. State Of West Bengal
26.09.2022 sdas rejected C.R.M.(NDPS) No. 1084 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 138 of 2022 dated 10.02.2022 under Sections 27(a) of the Drugs and Cosmetics Act read with Section 29(c ) of the NDPS Act.
And In Re : Abdur Rahim @ Rahim @ Abdul Rahim & Ors. .... petitioners Md. Nauroz Rahber Ms. Anjana Mehebub Mr. Muhammad Jawwad ....for the petitioners Mr. Saryati Datta ...... for the State Learned Counsel appearing for the petitioners submits they are in custody for 280 days. It is also submitted that they have been falsely implicated in the instant case. They pray for bail.
Learned Counsel appearing for the State opposes prayer for bail and submits statements of the witnesses and seizure memorandum show recovery of 685 bottles of Phensedyl Syrup which was being transported by the petitioners in a bus. In view of aforesaid incriminating materials and statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioners. The application for bail is, thus, rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)