Calcutta High Court (Appellete Side)
21(C)/23(C) Of The Ndps Act. (Ndps Case ... vs In Re: Md. Kabul @ Kabul on 2 May, 2023
02.05.2023 Sl. No.20 akd [Rejected] C. R. M. (NDPS) 916 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.04.2023 in connection with Islampur Police Station Case No.102 of 2022 dated 01.02.2022 under Sections 21(c)/23(c) of the NDPS Act. (NDPS Case No.11 of 2022) And In Re: Md. Kabul @ Kabul ... ... Petitioner Mr. Sagnik Mukherjee ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State Heard the learned Advocates appearing for both 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. 25 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the petitioner. Under such circumstances and in view 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)