Abdul Barik v. State Of West Bengal

04.11.2022 Sl. No.3 akd [Rejected] C. R. M. (NDPS) 1176 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.09.2022 in connection with Suti Police Station Case No. 230 of 2021 dated 22.06.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.115 of 2021) And In Re: Abdul Barik ... ... Petitioner Mr. Suman Ganguly Mr. Aniruddha Bhattacharyya Mr. Uttam Mukherjee ... ... for the petitioner Mr. Sandip Chakraborty Mr. Antarikhya Basu ... ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 10 ltrs. of codeine mixture, which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

Trial court is directed to expedite the trial and conclude the same at an early date.

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