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Calcutta High CourtCRM (NDPS)/1853/2023rejected

Saidul Sk @ Soidul Sk v. State Of West Bengal

2023-11-09Hon'Ble Justice Biswajit Basu,Hon'Ble Justice Raja Basu Chowdhury2 pages

30.

09.11.2023.

g.b./pg.

(Rejected) CRM (NDPS) 1853 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.11.2023 in connection with NDPS Case No.70 of 2022 arising out of Nabagram P.S. Case No.82 of 2022 dated 08.03.2022 under Sections 20(b)(ii)(c)/ 25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

In the matter of : Saidul Sk @ Soidul Sk.

... Petitioner Mr. Tapodip Gupta ...For the Petitioner Mr. Swapan Banerjee Mr. Suman De ...For the State 1.

The petitioner claims to be innocent. The petitioner is in custody for one year and eight months.

2.

We have perused the case diary. We find that 52 kilograms of ganja have been recovered from the possession of the petitioner. We are informed that charge has already been framed.

3.

Learned advocate for the State opposes the prayer for bail.

4.

In view of the restrictions contemplated under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner at this stage.

5.

The prayer for bail is rejected and the application, being CRM (NDPS) 1853 of 2023, is, accordingly, disposed of.

6.

In view thereof, we direct the learned Special Judge under NDPS Act to expedite the trial.

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