Jagabandhu Choudhary v. State of West Bengal
Case brief
What is this about?
This criminal revision maintains the High Court refused bail to the petitioner in a Narcotic Drugs and Psychotropic Substances Act case. The court rejected the prayer due to recovery of prohibited substances and statutory restrictions preventing bail. The trial was directed to be concluded within one year.
What did the court decide?
Prayer for bail was rejected; trial to be concluded within one year.
What the court decided
05.01.2023. 13. Ct.No.28 as (Rejected)
C.R.M. (NDPS) 3 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 115 of 2021 arising out of Krishnaganj P.S. Case No.258 of 2021 dated 20.10.2021 under Sections 20(b)/20(c) of the NDPS Act.
In the matter of : Jagabandhu Choudhary.
… Petitioner.
Mrs. Karabi Roy. …for the Petitioner. Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee. ...for the State.
Petitioner is in custody for one year and two months. He submits he has been falsely implicated in the instant case. He renews his prayer for bail.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 72 bottles of phensedyl syrup containing codeine phosphate from the possession of the petitioner.
In view of the aforesaid circumstances and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC in connection with the NDPS case.
Whether the statutory restrictions under Section 37 of the NDPS Act preclude the grant of bail in cases involving specified drugs.
Parties & counsel
- petitioner
Jagabandhu Choudhary
- respondent
State
Coram
Ajay Kumar Gupta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · January
- Registered
- Case no.
- CRM (NDPS)/3/2023
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