Susanta Ghosh v. State Of West Bengal

22.11.2023 sdas rejected C.R.M.(NDPS) No. 1864 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 257 of 2023 dated 24.03.2023 under Sections 21(c )/29 of the NDPS Act and Sections 14/14(c ) of the Foreigners Act.

And In Re : Susanta Ghosh .... petitioner Ms. Sananda Bhattacharyya ....for the petitioner Mr. Rudradipta Nandy, learned APP Mr. Saryati Dutta ...... for the State

1. Learned Counsel for the petitioner submits he is in custody for 264 days. It is also submitted he has been falsely implicated. Accordingly, he prays for bail.

2.

Learned Counsel for the State opposes the prayer for bail and submits investigation is complete. Date has been fixed for consideration of charge.

3.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 60 bottles of Phensedyl Syrup containing codeine phosphate above commercial quantity from the possession of the petitioner and co-accused. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act we are not inclined to grant bail to the petitioner.

4.

Application for bail is, thus, rejected.

5. Trial court is directed to consider the issue of framing of charge within two months from the next date fixed for recording evidence and in the event charge is framed to take the proceeding to its logical conclusion at the earliest without granting any unnecessary adjournment to either of the parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)