Chand Mahammad v. State Of West Bengal

23.12.2022 Sl. No.19 akd [Rejected] C. R. M. (NDPS) 1538 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.12.2022 in connection with Kaliachak Police Station Case No.1025 of 2021 dated 23.09.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.93 of 2021) And In Re: Chand Mahammad ... ... Petitioner Mr. Sayan Chattopadhyay Mr. Rokon Ali Molla ... ... for the petitioner Mr. Ranadeb Sengupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about one year and three months.

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 a large volume of narcotic substance i.e. 440 bottles of phensedyl syrup containing codeine phosphate, 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.

Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the proceeding to its logical conclusion without unnecessary delay. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)