Fateh Ali@Fate Ali And ORS v. State Of West Bengal

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 28.07.2022 cm/ct 28 C.R.M. (NDPS) No. 233 of 2022 sl. no. 6 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 16 of 2022 arising out of Siliguri P.S Case No. 154 of 2022 dated 29.01.2022 under Sections 21( c )/22(c) of the N.D.P.S. Act.

Rejected And In Re : Fateh Ali @ Fate Ali & Ors.

..... petitioners Mr. Shibaji Chatterjee Ms. Rupsa Sreemani ...... for the petitioners Mr. Aditi Shankar Chakrabortyy, Ld. A.P.P.

Mr. Nilay Chakraborty ...... for the State Petitioners are in custody for 180 days. It is submitted he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. He submits investigation is complete and charge-sheet was submitted on 26th July, 2022.

We have considered the materials on record. In view of the fact that charge-sheet has been submitted on 26 July, 2022 petitioners are not entitled to statutory bail. On merits, we note there are ample materials to show petitioners were transporting 50 bottles of Altorex-CD cough syrup containing codeine phosphate which is above commercial quantity. In view of the aforesaid incriminating materials and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioners.

Accordingly, the prayer for bail of the petitioners is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)