Calcutta High CourtCRM (NDPS)/1705/2023rejected

Baijit Sk v. State Of West Bengal

2023-10-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

16.10.2023 sdas rejected C.R.M.(NDPS) No. 1705 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 232 of 2022 dated 22.06.2022 under Section 21(c )/29 of the NDPS Act.

And In Re : Baijit Sk. .... petitioner Mr. Tapodip Gupta ....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Dipankar Paramanick ...... for the State

1. Heard the learned Counsels for the parties.

2. We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 200 bottles of Phensedyl Syrup containing codeine phosphate above commercial quantity from the possession of the petitioner.

3. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

4. The application for bail is, thus, rejected.

5. Trial court is requested to consider the issue of framing of charge at the earliest and in the event charge is framed to take the proceedings to its logical conclusion without granting any unnecessary adjournment to either of the parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)