The High Court rejected a bail application filed by Sariful Biswas in a case involving the recovery of codeine phosphate in commercial quantity under the NDPS Act, citing statutory restrictions.
Bail application rejected; petitioner detained.
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05.07.2023 Sl. No.12 akd [Rejected]
C. R. M. (NDPS) 851 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.04.2023 in connection with Jalangi Police Station Case No.18 of 2022 dated 12.01.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.21 of 2022)
And
In Re: Sariful Biswas
… … Petitioner
Mr. Tapodip Gupta
… … for the petitioner
Mr. Ranadeb Sengupta
… … 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 above commercial quantity from the petitioner 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.)
1 issue framed by the court
Whether bail should be granted to the petitioner accused under the NDPS Act involving recovery of narcotic substances above commercial quantity,
2 provisions across 2 enactments
Sariful Biswas
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
