Sahinoor Sk v. State Of West Bengal

12.10.2022.

10.

Ct.No.28 As/cm (Rejected) C.R.M. (NDPS) 1186 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.74 of 2022 arising out of Domkal P.S. Case No.151 of 2022 dated 18.03.2022 under Sections 22(c)/25/28/29 of the N. D. P. S. Act and Section 25(1)(B)(a) of the Arms Act. In the matter of : Sahinoor Sk.

... Petitioner.

Mr. Jisan Iqubal Hossain.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. C. R. Ghosh.

...for the State.

Petitioner prays for bail. He submits no narcotic substance was recovered from his possession. He is in custody for 120 days.

Learned Advocate for the State opposes the prayer for bail. He submits petitioner is the owner of the premises from where narcotic substance above commercial quantity was recovered.

We have considered the materials on record. Statements of witnesses and seizure memorandum show recovery of narcotic substance above commercial quantity i.e. 5247 bottles of phensedyl syrup containing codeine phosphate from the possession of the petitioner.

In view of the aforesaid materials on record and as the petitioner is the owner of the premises from where recovery has been made, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Apurba Sinha Ray,J.) (Joymalya Bagchi, J.)