Kamarul Sardar v. State Of West Bengal

04.12.2020 Court No.3 SL No.22 AP CRM 9827 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar P.S. Case No.761 of 2019 dated 22.09.2019 under Sections 21(b) of the NDPS Act. And In the matter of: Kamarul Sardar ....Petitioner.

Ms. Sonali Das ...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi ...for the State.

Having considered the materials on record and bearing in mind the prima facie involvement of the petitioner in the alleged possession of 25 bottles of phensedyl containing codeine mixture, which is above commercial quantity and in the light 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 on the next date. If trial court is unable to do so, the trial court shall positively undertake such exercise within a month thereof and conclude the trial at an early date without granting unnecessary adjournment to either of the parties.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)