Abu Salam Mondal v. State Of West Bengal

20.12.2022.

12.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1503 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N 33 of 2022 arising out of Bagdah P.S. Case No.178 of 2022 dated 06.03.2022 under Sections 21(c) of the NDPS Act. In the matter of : Abu Salam Mondal.

... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Avishek Sinha.

...for the State.

Petitioner is in custody for 289 days. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotic substance above commercial quantity i.e. 1035 bottles of phensedyl containing codeine mixture from the possession of the petitioner. 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.

Accordingly, the prayer for bail of the petitioner is rejected.

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