Criminal revision regarding bail application under Section 439 CrPC in an NDPS case. The court rejected bail for petitioners accused of trafficking 10 litres of Codeine Phosphate due to mandatory restrictions under Section 37 of the NDPS Act.
Application for bail under Section 439 CrPC rejected.
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28.07.2023 10 sdas rejected
C.R.M.(NDPS) No. 951 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 416 of 2022 dated 24.05.2022 under Sections 21(c )/29 of the NDPS Act.
And
In Re : Tasarul Sk. @ Ritha & Anr. …. petitioners
Ms. Minoti Gomes
….for the petitioner
Mr. Sanjoy Bardhan Ms. Debjani Dasgupta …… for the State
Heard the learned Counsel for the parties.
We have considered the materials on record. Statements
of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 10 ltrs. of Codeine Phosphate from the possession of the petitioners.
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 petitioners.
The application for bail is, thus, rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to petitioners accused under Sections 21(c)/29 of the NDPS Act upon recovery of 10 litres of Codeine Phosphate.
Whether statutory restrictions under Section 37 of the NDPS Act preclude the grant of bail in the present facts.
3 provisions across 2 enactments
Tasarul Sk. @ Ritha & Anr.
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
