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Calcutta High CourtCRM (NDPS)/1112/2022rejected

Md Uzzol v. State Of West Bengal

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.09.2022.

08. SL Ct.No.28 as (Rejected) C.R.M. (NDPS) 1112 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.287 of 2021 arising out of Lalgola P.S. Case No.825 of 2021 dated 20.12.2021 under Sections 21(C)/29 of the NDPS Act and Section 14 of the Foreigners Act.

In the matter of : Md. Uzzol.

... Petitioner.

Mr. Sekhar Kr. Basu, ld. Sr. Adv., Mr. K. K. Mukherjee, Ms. S. Dutta, Ms. P. Singh.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous document show recovery of 300 gms. of heroin which is above commercial quantity from the possession of the petitioner.

In view of the aforesaid incriminating materials on record and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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