Md Kalam @ Abul Kalam Aajad And ANR v. State Of West Bengal

09.11.2022 Sl. No.13 akd [Rejected] C. R. M. (NDPS) 1308 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.11.2022 in connection with Chakulia Police Station Case No. 68 dated 22.03.2022 under Section 21(c) of the NDPS Act read with Sections 25/35 of the Arms Act. (NDPS Case No.26 of 2022) And In Re: Md. Kalam @ Abul Kalam Aajad & Anr.

... ... Petitioners Mr. Soumik Ganguly Mr. Nimai Roy Mr. Nazmut Touhid Mr. Ronit Mukherjee ... ... for the petitioners Mr. T. D. Nandy 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. 130 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the joint possession of the petitioners. 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 petitioners.

The application for bail is thus rejected.

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