Minarul Khan v. State Of West Bengal

08.12.2022 sdas/tkm/ct 28 C.R.M. (NDPS) 1451 of 2022 sl no.7 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 741 of 2022 dated 5.6.2022 under Sections 22(c)/29 of the NDPS Act And In Re : Minarul Khan ........ petitioner Mr. Anit Dey ...... for the petitioner Mr. S Bardhan Mr. Palash Ch Majhi ...... for the State Learned lawyer for the petitioner submits recovery is not supported by eye-witnesses.

Learned lawyer for the State opposes the prayer for bail and submits official witnesses and contemporaneous documents i.e seizure memo show recovery of narcotics from the petitioner above commercial quantity.

We have considered the materials on record. Non-joining of independent witnesses requires to be assessed in the light of the aforesaid materials on record.

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 petitioner.

Accordingly, the prayer for bail is rejected. (Siddhartha Roy Chowdhury, J.) (Joymalya Bagchi, J.)