No. 346 of 2021 · Calcutta High Court
Case at a glance
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(C), 29, 37
- Code of Criminal Procedure, 1973 s. 439
Judgment
Mr. Tapodip Gupta Mr. Swapan Banerjee Mr. Suman De …… for the petitioners …… for the State
It is submitted on behalf of the petitioners that they are in custody for more than 265 days. They pray for bail.
Learned advocates for the State oppose the prayer for bail.
We have considered the materials on record. The earlier prayer for bail of the petitioners was rejected on merit. There has been no change in the circumstances since then. Seizure memo discloses recovery of narcotic substances i.e. 14 bottles of phensedyl syrup containing codeine phosphate from the joint possession of the petitioners, which is above the commercial quantity.
In view of the aforesaid fact and the statutory restrictions under section 37 of the NDPS Act 1985, we are not inclined to grant bail to the petitioners at this stage.
The prayer for bail is therefore rejected. The Trial court is requested to expedite the trial and conclude the same at an early date. C.R.M. (NDPS) 1841 of 2023 is thus disposed of. (Raja Basu Chowdhury, J.) (Biswajit Basu, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.