The court rejected the bail application of Sakirul Sarkar in an NDPS case involving the recovery of 300 bottles of phensedyl syrup. The Bench held that the quantity established prima facie was above commercial quantity, making them unwilling to grant bail under Section 439 CrPC.
The application for bail was rejected.
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18.04.2023 Sl. No.4 akd [Rejected]
C. R. M. (NDPS) 648 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.03.2023 in connection with Sagarpara Police Station Case No.187 of 2022 dated 17.08.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.182 of 2022)
And
In Re: Sakirul Sarkar
… … Petitioner
Mr. Sekhar Kumar Basu .. Sr. Advocate
Mr. Jisan Iqubal Hossain
… … for the petitioner
Mr. Swapan Banerjee Mr. Suman De
… … for the State
Pursuant to our earlier direction, Investigating Officer is personally present before this court along with the video recording of the recovery of narcotics. His presence is noted and dispensed with.
In view of the aforesaid materials on record prima facie establishing recovery of narcotic substance i.e. 300 bottles of phensedyl syrup , which is above commercial quantity from the petitioner, we are not inclined to grant bail to him.
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 in a case involving recovery of narcotic substance above commercial quantity.
2 provisions across 2 enactments
Sakirul Sarkar
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
