Hasan Mondal And ANR v. State Of West Bengal And ORS.

10.12.2020 Sl. No.26 akd [Rejected] C. R. M. 10163 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.10.2020 in connection with Bongaon Police Station Case No. 264 of 2020 dated 20.05.2020 under Sections 21(c)/29 of the NDPS Act.

And In Re: Hasan Mondal & Anr.

... ... Petitioners Mr. Tapash Kumar Das .. Advocate ... ... for the petitioners Mr. Sanjay Bardhan .. Advocate Ms. Manisha Sharma .. Advocate ... ... for the State Mr. Uttam Basak .. Advocate ... ... for the UOI It is submitted on behalf of the petitioners that they are in custody for more than six months.

Learned advocate appearing for the State opposes the prayer for bail.

Statements of witnesses disclose recovery of narcotic substance above commercial quantity i.e. 5 ltrs. of codeine mixture from the petitioner and co-accused. In view of the aforesaid fact and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioners. The application for bail is thus rejected.

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