Single Judge Bench rejected bail application in NDPS case. The court held that recovery of 4 liters of codeine phosphate constituted commercial quantity under Section 37 of the NDPS Act, preventing bail grant despite presence of a chemical examiner's report.
Bail application rejected. No bail granted to the petitioner.
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18.04.2023 Sl. No.2 akd [Rejected]
C. R. M. (NDPS) 533 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.03.2023 in connection with Lalgola Police Station Case No.726 of 2021 dated 07.10.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.216 of 2021)
And
In Re: Md. Kabirul Islam
… … Petitioner
Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Chandrima Debnath
… … for the petitioner Mr. Saryati Datta
… … 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. 4 ltrs. of codeine phosphate , which is above commercial quantity from the petitioner and co-accused 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.)
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 21(c)/29 of the NDPS Act.
Whether the quantity of codeine phosphate recovered constitutes commercial quantity attracting statutory restrictions.
3 provisions across 2 enactments
Md. Kabirul Islam
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
