In bail application under Section 439 CrPC for NDPS charge involving codeine phosphate in cough syrup, HC rejected bail citing recovery above commercial quantity.
Bail application rejected; petitioner's custody cannot be challenged under Section 439 CrPC at this stage.
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.
21.04.2023 Sl. No.6 akd [Rejected]
C. R. M. (NDPS) 491 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.02.2023 in connection with Karandighi Police Station Case No.221 of 2022 dated 28.04.2022 under Section 21(c) of the NDPS Act. (NDPS Case No.37 of 2022)
And
In Re: Sadek Ansari
… … Petitioner
Mr. Avinaba Patra
… … for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee
… … for the State
Chemical examiner’s report is placed on record. Report shows presence of codeine phosphate in the sample.
In view of the aforesaid report and other materials on record showing recovery of narcotic substance i.e. 3375 bottles of cough syrup containing codeine phosphate , which is above commercial quantity from a vehicle driven by the petitioner and 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.)
1 issue framed by the court
Whether bail should be granted to the petitioner charged under Section 21(c) of the NDPS Act for possession of narcotics above commercial quantity.
3 provisions across 3 enactments
Sadek Ansari
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
