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Calcutta High CourtCRM (NDPS)/1842/2023rejected

Najim Sk @ Najumuddin Sk @ Najim Shaikh @ Najumuddin Shaikh v. State Of West Bengal

2023-11-09Hon'Ble Justice Biswajit Basu,Hon'Ble Justice Raja Basu Chowdhury1 pages

09.11.2023 tkm/ct 8 C.R.M. (NDPS) 1842 of 2023 sl no. 19 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Raninagar P.S case no. 549/2022 dated 12.12.2022 under section 21(C)/29 of the NDPS Act And In Re : Najim Sk @ Najimuddin Sk @ Najim Sheikh @ Najimuddin Shaikh ........ petitioner Mr. Tapodip Gupta ...... for the petitioners Mr. Swapan Banerjee Ms. Purnima Ghosh ...... for the State

1. It is submitted on behalf of the petitioner that he is in custody for 11 months. He has been falsely implicated in the case. He prays for bail.

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

3. We have considered the materials on record. We find that 155 bottles of codeine phosphate was recovered from the possession of the petitioner, which is above 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 petitioner at this stage.

5. The prayer for bail is rejected, C.R.M. (NDPS) 1842 of 2023 is thus disposed of.

(Raja Basu Chowdhury, J.) (Biswajit Basu, J.)