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Calcutta High CourtCRM (NDPS)/1140/2022rejected

Sahabuddin v. State Of West Bengal

2022-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

29.09.2022.

18. SL Ct.No.28 as (Rejected) C.R.M. (NDPS) 1140 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 753 of 2021 dated 22.10.2021 under Sections 21(c)/29 of the NDPS Act arising out of NDPS Case No.234 of 2021.

In the matter of : Sahabuddin.

... Petitioner.

Ms. Runita Das ...for the Petitioner.

Mr. Ranadeb Sengupta ....for the State Heard the learned Advocates for the parties.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 517 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.)