The High Court rejected an application for bail filed by Mujit Ali in an NDPS case involving codeine phosphate. Citing prima facie evidence of significant drug recovery and restrictive provisions of the NDPS Act, the Court declined bail.
Prayer for bail rejected. Bail not granted to the petitioner.
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20.04.2023. 02. Ct.No.28 as (Rejected)
C.R.M. (NDPS) 737 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.135 of 2021 arising out of Barasat PS Case No.797 of 2021 dated 21.10.2021 under Sections 21(C) of the NDPS Act. In the matter of : Mujit Ali. … Petitioner. Mr. Moyukh Mukherjee, Mr. Abhijit Singh, Mr. Sarthak Mondal. …for the Petitioner. Mr. Ranabir Roy Chowdhury, Mr. Ashok Das. ...for the State.
Heard the learned Advocates for the parties.
Report is placed on record. Report show presence of codeine phosphate.
Material on record prima facie establish recovery of 5 ltrs. of codeine phosphate from the petitioner and coaccused.
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 petitioner.
Accordingly, the prayer for bail of the petitioner is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC considering the prima facie case of recovery and statutory restrictions.
Whether the statutory restrictions under Section 37 of the NDPS Act preclude the granting of bail in cases involving significant quantities of contraband.
3 provisions across 2 enactments
Mujit Ali
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
