Md. Based v. State Of West Bengal

01.03.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.27 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (NDPS) 236 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.02.2023 in connection with Matigara Police Station Case No.381 of 2022 dated 28.03.2022 under Section 21(c) of the NDPS Act. (NDPS Case No.34 of 2022) And In Re: Md. Based ... ... Petitioner Mr. Sudip Kr. Paul ... ... for the petitioner Mr. Aditi Shankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Nilay Chakraborty Mr. Arjun Chowdhury ... ... for the State Heard the learned Advocates appearing for the parties. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 600 gms. of brown sugar, which is above commercial quantity from the possession of the petitioner. In view of the aforesaid incriminating materials and 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.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)