Soniya Bibi v. State of West Bengal
Case brief
What is this about?
The High Court rejected a bail application filed by Soniya Bibi in connection with an NDPS and Arms Act case. The court relied on a chemical examiner's report and recovered articles exceeding commercial quantity to deny bail under Section 37 of the NDPS Act.
What did the court decide?
Bail application rejected due to recovery of narcotic substance above commercial quantity under Section 37 NDPS.
What the court decided
12.07.2023 Sl. No.6 akd [Rejected]
C. R. M. (NDPS) 841 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.04.2023 in connection with Jalangi Police Station Case No.30 of 2022 dated 24.01.2022 under Sections 21(c)/29 of the NDPS Act and Section 25(1)(a) of the Arms Act. (NDPS Case No.34 of 2022)
And
In Re: Soniya Bibi
… … Petitioner
Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose Ms. Chandrima Debnath
… … for the petitioner
Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das
… … for the State
Chemical examiner’s report is placed on record. Report shows
presence of codeine phosphate in the sample.
Issues for consideration
2 issues framed by the court
Whether bail is maintainable in an NDPS case where narcotic substance is recovered above commercial quantity.
Whether the statutory restrictions under Section 37 of the NDPS Act preclude the grant of bail.
Parties & counsel
- petitioner
Soniya Bibi
- respondent
The State
Coram
Ajay Kumar Gupta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · July
- Registered
- Case no.
- CRM (NDPS)/841/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court