Pending bail application in an NDPS case, the court admitted prima facie evidence of 22 kgs of ganja recovery. Citing statutory restrictions under Section 37 of the NDPS Act due to the quantity involved, the court rejected the bail prayer.
Prayer for bail of petitioners rejected.
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17.04.2023. 02. Ct.No.28 as (Rejected)
C.R.M. (NDPS) 403 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.165 of 2022 arising out of Jalangi P.S. Case No.228 of 2022 dated 06.07.2022 under Sections 20(b)(ii)(c)/29 of the NDPS Act.
In the matter of : Saddam Mondal & Anr.
… Petitioners. Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose. …for the Petitioners. Mr. Sanjoy Bardhan, Ms. Baishaki Chatterjee. ...for the State.
Heard the learned Advocates for the parties.
Chemical examiner’s report is placed on record. Report shows presence of ganja in the sample and materials on record prima facie establish recovery of 22 kgs. of ganja from the joint possession of the petitioners and co-accused.
Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.
Accordingly, the prayer for bail of the petitioners is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to petitioners charged under the NDPS Act.
Whether statutory restrictions under Section 37 of the NDPS Act preclude bail in this case given the quantity recovered.
3 provisions across 2 enactments
Saddam Mondal & Anr.
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
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