Md Mostakin @ Mostakim Sk v. State Of West Bengal

16.10.2023 sdas rejected C.R.M.(NDPS) No. 1707 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat Police Station Case No. 506 of 2022 dated 12.08.2022 under Section 21(c ) of the NDPS Act.

And In Re : Md. Mostakin @ Mostakim Sk. .... petitioner Mr. Sumanta Chakraborty ....for the petitioner Mr. Sudip Ghosh Mr. Koushik Kundu ...... for the State

1. Heard the learned Counsels for the parties.

2. We have considered the materials on record. Petitioner is a Bangladeshi national. 124 bottles of Phensedyl Syrup containing codeine phosphate above commercial quantity was recovered from the possession of the petitioner. Trial has commenced and date has been fixed for recording evidence.

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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)