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Calcutta High CourtCRM (NDPS)/1369/2022rejected

Saifuddin Gazi @ Sarfuddin And ANR v. State Of West Bengal

2022-12-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

08.12.2022 sdas/tkm/ct 28 C.R.M. (NDPS) 1369 of 2022 sl no.4 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Minakhan Police Station Case No. 280 of 2021 dated 29.9.2021 under Sections 21(c)/29 of the NDPS Act And In Re : Saifuddin Gazi alias Sarfuddin & Anr. ........ petitioners Mr. S S Saha ...... for the petitioners Mr. T D Nandy Mr. Antarikhya Basu ...... for the State Chemical examiner's report is placed on record. Report shows presence of narcotics in the seized sample.

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

Accordingly, the prayer for bail is rejected. Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed to take the proceeding to its logical conclusion without undue delay. (Siddhartha Roy Chowdhury, J.) (Joymalya Bagchi, J.)