The Single Judge Court rejected the application for bail under Section 439 CrPC in an NDPS case involving recovery of 68 bottles of Phensedyl Syrup containing codeine phosphate. Citing commercial quantity and statutory restrictions under Section 37 NDPS Act, bail was denied.
Bail application rejected; trial directed to frame charges at earliest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
22.09.2023 14 sdas rejected
C.R.M.(NDPS) No. 1442 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 910 of 2022 dated 27.09.2022 under Section 21(c ) of the NDPS Act.
And
In Re : Rafikul Mondal ….. petitioner
Mr. Mazahar Hossain Chowdhury … for the petitioner
Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta
… for the State
record.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to a petitioner implicated in an offence under Section 21(c) of the NDPS Act involving commercial quantity of codeine phosphate.
Whether the statutory restrictions under Section 37 of the NDPS Act preclude the granting of bail in this case.
3 provisions across 2 enactments
Rafikul Mondal
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
