Rafikul Mondal @ Titla Al v. State Of West Bengal

20.12.2022.

15.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1506 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N 110 of 2021 arising out of Swarupnagar P.S. Case No.764 of 2021 dated 01.09.2021 under Sections 22(C) of the NDPS Act. In the matter of : Rafikul Mondal @ Titla Al. ... Petitioner.

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

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mr. Subrato Roy.

...for the State.

Petitioner is in custody for one year and ten months. He renews his prayer 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. 82 gms. of metha amphetamine in the form of yaba tablets from the possession of the petitioner. His bail prayer was rejected earlier. Trial is in progress. 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.

Trial court is requested to expedite the trial and conclude the same at an early date without granting any unnecessary adjournments to either of the parties.

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