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Calcutta High CourtCRM (NDPS)/1858/2023rejected

Shilajit Mondal @ Shilajit Mandal And ORS. v. State Of West Bengal

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

35.

09.11.2023.

Court No.08 g.b./pg.

(Rejected) CRM (NDPS) 1858 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.233 of 2022 arising out of Raninagar P.S. Case No.530 of 2022 dated 02.12.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

In the matter of : Shilajit Mondal @ Shilajit Mandal & Ors. ... Petitioners Mr. Tapodip Gupta ...For the Petitioners Mr. P.K. Dutta Mr. P.K. Ganguly ...For the State 1.

The petitioners say that they are innocent and have been falsely implicated in the instant case. The petitioners are in custody for 11 months.

2.

We have perused the case diary and considered the materials on record. We find that 230 bottles of Phensedyl have been recovered from the possession of the petitioners. 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 petitioners at this stage.

5.

The prayer for bail is rejected and the application, being CRM (NDPS) 1858 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.)