Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Mansur Ali Sk. @ Kalo Sk on 17 May, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 48 17.05.2016
SK Court No.26 CRM 3631 of 2016 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 12.05.2016 in connection with Burdwan Police Station Case No. 1144 of 2015 dated 17.11.2015 under Section 21(c) of the N.D.P.S. Act, 1985.
And In Re: Mansur Ali Sk. @ Kalo Sk. Petitioner. Mr. Fazle Rabby Hazari ......For the Petitioner.
Mr. Sanjoy Bardhan ... For the State.
Heard the learned counsel appearing on behalf of the parties. Perused the Case Diary.
It is the case of the prosecution that the police first intercepted one Sk. Minajuddin and from his possession recovered 2500 ml. of Phensedyl containing 'codeine' mixture. From close interrogation of said Sk. Minajuddin, the petitioner's involvement transpires and he and another were arrested. While the petitioner is in custody and pursuant to his statement and on being led by him from his house police recovered 12 bottles of Phensedyl, each of 100 ml. containing 'codeine' mixture were recovered.
Not only total quantity of Phensedyl so recovered in this case was above the commercial quantity but also the quantity recovered from the house of the petitioner on being led by him also above the commercial quantity.
2Already the trial is under progress.
Now, considering the materials in support of the seizure of contraband and examining the same in the light of the provisions of Section 37 of the N.D.P.S. Act and the nature and seriousness of the allegations and the gravity of the offence, in our opinion, this is not a fit case for bail and, accordingly, the prayer for bail is rejected.
(Ashim Kumar Roy, J.) (C. S. Karnan, J.)