Lalon Sk @ Lalan Sk v. State Of West Bengal

29.09.2022.

13. SL Ct.No.28 as (Rejected) C.R.M. (NDPS) 1135 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 168 of 2019 arising out of Raninagar Police Station Case No. 436 of 2019 dated 30.08.2019 under Sections 326/307/34 IPC, read with Sections 25/27 of the Arms Act and adding Section 21(c) of the NDPS Act.

In the matter of : Lalon Sk. @ Lalan Sk.

... Petitioner.

Mr. Ranadeb Sengupta, Mr. T. Gupta ...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee ....for the State Petitioner is in custody for more than three years. He renews his prayer for bail.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. On the leading statement of the petitioner narcotic substance above commercial quantity, that is, 100 bottles of phensedyl syrup containing codeine phosphate was recovered. Recovery has been witnessed by independent persons.

In view of the aforesaid incriminating materials and statutory restriction 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.)