Firoj Kamal@Kathu@Potu v. State Of West Bengal

28.09.2022.

19. SL Ct.No.28 as (Rejected) C.R.M. (NDPS) 1123 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.188 of 2021 arising out of Bhagwangola P.S. Case No.416 of 2021 dated 04.09.2021 under Sections 21( c )/29 of the NDPS Act.

In the matter of : Firoj Kamal @ Kathu @ Potu. ... Petitioner.

Ms. R. Khatoon.

...for the Petitioner.

Mr. S. G. Mukherjee, ld. P.P., Mr. P. P. Das, Mrs. Manasi Roy.

...for the State.

Petitioner renews his prayer for bail. He submits he has been falsely implicated in the instant case.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and contemporaneous document show recovery of 25 bottles of phensedyl syrup containing codeine phosphate which is above commercial quantity from the backyard 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.

Trial court is requested to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

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