Siyamat Sha And Another v. State Of West Bengal

30.09.2022.

sdas (Rejected) C.R.M. (NDPS) 1172 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 01/2022 dated 01.01.2022 under Sections 21(c)/29 of the NDPS Act and charge-sheeted Sections 21(c)/29 of the NDPS Act.

In the matter of : Siyamat Sha & anr.

... Petitioners.

Mr. Tarapada Das ...for the Petitioners.

Mr. S. G. Mukherjee, Ld. PP Mr. Saryati Dutta Ms. Debjani Sahu ....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 5.16 Kgs. of codeine mixture which is above commercial quantity from the joint possession of the petitioners 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.)