Amaarjit Kumar And ANR. v. State Of West Bengal

16.01.2024 Sl. No.5 akd [Rejected] C. R. M. (NDPS) 1845 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.10.2023 in connection with Farakka Police Station Case No.90 of 2023 dated 13.02.2023 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.18 of 2023) And In Re: Amarjit Kumar & Anr.

... ... Petitioners Mr. Pritam Roy Mr. Nepesh Majhi ... ... for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... ... for the State

1. CFSL report is placed on record. Report shows presence of Heroin in the sample.

2. Materials on record prima facie establish recovery of narcotics i.e. 340 gms. of Heroin, which is above commercial quantity from the petitioners. 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.

3. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)