In Re: Abdul Kayes; A bail application under CrPC 1973 s.439 in an NDPS case was rejected due to recovery of 100 grams of Yaba tablets containing methamphetamine, constituting commercial quantity attracting statutory restrictions under NDPS Act s.37. Trial court directed to expedite.
Bail application rejected; trial court directed to expedite trial.
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12.07.2023 Sl. No.7 akd [Rejected]
C. R. M. (NDPS) 922 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.04.2023 in connection with Samsherganj Police Station Case No.394 of 2021 dated 28.11.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.266 of 2021)
And
In Re: Abdul Kayes
… … Petitioner
Mr. Asim Kumar Chakraborti
… … for the petitioner
Mr. Saryati Datta
… … for the State
Chemical examiner’s report is placed on record. Report shows presence of methamphetamine in the sample.
In view of the aforesaid report and other materials on record showing recovery of narcotic substance i.e. 100 gms. of Yaba tablets containing methamphetamine , which is 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.
Trial court is directed to expedite the trial and conclude the
same at an early date.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to the petitioner in an NDPS case involving commercial quantity of drugs.
Whether chemical examiner's report and recovery of 100 grams of Yaba tablets preclude bail under Section 37 of NDPS Act.
Whether the trial court should expedite the proceedings.
4 provisions across 2 enactments
Abdul Kayes
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
