Calcutta High Court dismissed a bail application in an NDPS case. The bench held that seeking bail was premature due to applicable restrictions under Section 37 of the NDPS Act, rejecting arguments regarding逮捕 memo discrepancies.
CRM (NDPS) 667 of 2023 dismissed; bail prayer rejected.
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AD-9 Ct No.01 Jalpaiguri 18.09.2023 SP
Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side
CRM (NDPS) 667 of 2023
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.08.2023 in connection with NDPS Case No. 49 of 2023 arising out of Bhaktinagar Police Station Case No. 384 of 2023 dated 15.05.2023 for alleged offence punishable under Sections 21(c)/23(b)/25/29 of the NDPS Act, 1985.
And
In the matter of: MD NUR ALAM
Ms. Madhushri Dutta
Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee
…. petitioner … for the petitioner … for the State
2
(Sabyasachi Bhattacharyya, J.)
(Uday Kumar, J.)
2 issues framed by the court
Whether bail should be granted under Section 439 CrPC in an NDPS case where Section 37 restrictions apply.
Whether the typewritten memo of arrest indicates procedural discrepancies warranting bail.
3 provisions across 2 enactments
MD NUR ALAM
The State
Sabyasachi Bhattacharyya
Uday Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
