Calcutta High Court (Appellete Side)
Hayat Sk vs Unknown on 10 February, 2014
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1 S/L. 31.
February 10, 2014. C.R.M. No. 1234 of 2014 ss.
In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on January 17, 2014 in connection with Raghunathganj Police Station Case No. 366 dated May 24, 2013 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act,1985.
And In the matter of: Hayat Sk. ...Petitioner.
Mr. Sandipan Ganguly, Mr. Kartick Lal Yadav ...for the petitioner.
Mr. Suman De ...for the State.
Heard the learned advocates appearing on behalf of the respective parties.
The accused/petitioner is seeking bail in connection with a case relating to offences punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
We have considered the case diary and the materials on record. Our attention was drawn to the note of the Senior Scientific Officer, narcotic Section, State Drug Control & Research Laboratory in Bongaon Police Station Case No. 738 of 2013 dated September 30, 2013. He has opined that total amount of codeine phosphate in 300 bottles of phensedyl is only 3 gram which is much less than the limit of small quantity, that is, 10 grams mentioned in the notification published under Section 2 of the said Act.
It appears from this application for bail that the 850 bottles of phensedyl were recovered from the possession of the accused/petitioner.
Having considered the case diary and the materials on record, and, particularly, when the charge-sheet has been submitted and the petitioners are in custody for 262 days and the contraband articles recovered from the possession of the 2 accused/petitioner are of medium quantity, we are of the opinion that further detention of the accused/petitioner is not necessary.
Under these circumstances, the accused/petitioner, namely, Hayat Sk., be released on bail upon furnishing a bond of Rs. 5,000/- (Rupees five thousand) only with one surety of like amount to the satisfaction of the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985, at Berhampore, District- Murshidabad.
The application for bail is, thus, disposed of.
(Subhro Kamal Mukherjee, J.) (R. K. Bag, J.)