← Library
Calcutta High CourtCRM (NDPS)/1494/2022rejected

Sajahan Molla @ Sarjahan Molla v. State Of West Bengal

2022-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

16.12.2022 Sl. No.10 akd [Rejected] C. R. M. (NDPS) 1494 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.12.2022 in connection with Hariharpara Police Station Case No.203 of 2021 dated 24.05.2021 under Sections 21(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.94 of 2021) And In Re: Sajahan Molla @ Sarjahan Molla ... ... Petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath Mr. Karnel Mondal ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State It is submitted on behalf of the petitioner that he is in custody for over 500 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 26 kgs. of Ganja, which is above commercial quantity from the possession of the petitioner. 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.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)