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Calcutta High CourtCRM (NDPS)/1385/2022rejected

Saddam Sk @ Saddam v. State Of West Bengal

2022-11-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

25.11.2022 sdas rejected C.R.M. (NDPS) No. 1385 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 144 of 2022 dated 05.05.2022 under Section 21(c) of the NDPS Act.

In the matter of : Saddam Sk. @ Saddam ... petitioner Mr. Tapodip Gupta ...for the petitioner Mr. Saibal Bapuli, learned APP Mr. Arijit Ganguly Mr. Bibaswan Bhattacharya ....for the State Learned Counsel appearing for the petitioner submits he is in custody for six months.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e.

seizure memorandum show recovery of 300 bottles of phensedyl above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials on record and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)