Abdul Gafur Sardar v. The State Of West Bengal

21.12.2023 Sl. No.21 akd [Rejected] C. R. M. (NDPS) 2037 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.12.2023 in connection with Basirhat Police Station Case No.186 dated 20.03.2023 under Sections 21(c)/29 of the NDPS Act.

And In Re: Abdul Gafur Sardar ... ... Petitioner Mrs. Anita Kaunda Ms. Anubrata Dutta ... ... for the petitioner Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 232 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from a vehicle. Petitioner was present in the vehicle. Charge has been framed and date has been fixed for recording evidence. 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.

3. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)