Jayanta Mondal @ Ramu And ANR. v. State Of West Bengal

09.11.2023 tkm/ct 8 C.R.M. (NDPS) 1841 of 2023 sl no. 18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Burwan P.S case no. 346/2021 dated 5.12.2021 under section 21(C)/29 of the NDPS Act And In Re : Jayanta Mondal @ Ramu Mondal & Anr. ........ petitioners Mr. Tapodip Gupta ...... for the petitioners Mr. Swapan Banerjee Mr. Suman De ...... for the State

1. It is submitted on behalf of the petitioners that they are in custody for more than 265 days. They pray for bail.

2. Learned advocates for the State oppose the prayer for bail.

3. We have considered the materials on record. The earlier prayer for bail of the petitioners was rejected on merit. There has been no change in the circumstances since then. Seizure memo discloses recovery of narcotic substances i.e. 14 bottles of phensedyl syrup containing codeine phosphate from the joint possession of the petitioners, which is above the commercial quantity.

4. In view of the aforesaid fact and the statutory restrictions under section 37 of the NDPS Act 1985, we are not inclined to grant bail to the petitioners at this stage.

5. The prayer for bail is therefore rejected. The Trial court is requested to expedite the trial and conclude the same at an early date.

C.R.M. (NDPS) 1841 of 2023 is thus disposed of. (Raja Basu Chowdhury, J.) (Biswajit Basu, J.)