✦ Calcutta High Court · 01 Jan 2023

NDPS CASE No. 01 of 2023 · Calcutta High Court

NDPS CASE No. 01 of 2023GAURANG KANTH, JOYMALYA BAGCHI

Case at a glance

Decided
01 Jan 2023
Bench
GAURANG KANTH, JOYMALYA BAGCHI

Key paragraphs

  • Para 11. Petitioner contends he is in no way connected with the transportation of narcotics. Co-accused is on bail. He is in custody for more than a year. Accordingly, he prays for bail.
  • Para 55. Accordingly, the prayer for bail of the petitioner is rejected.

Judgment

Mr. Sovan Dasgupta. ...for the Petitioner. Mr. Angshuman Chakraborty. …for the State.

1.

Petitioner contends he is in no way connected with the transportation of narcotics. Co-accused is on bail. He is in custody for more than a year. Accordingly, he prays for bail.

2.

Learned Advocate for State opposes the bail prayer. He contends narcotics was recovered from the possession of the petitioner. Date has been fixed for consideration of charge.

3.

We have considered the materials on record. 100 bottles of phensedyl cough syrup were recovered from a Mahindra Pickup van. Petitioner was driver of the said vehicle. No recovery was made from possession of co-accused who is on bail. Hence, petitioner can not claim parity with the said co-accused. Date has been fixed for consideration of charge.

4.

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 petitioner. 2

5.

Accordingly, the prayer for bail of the petitioner is rejected.

6.

Trial Court is directed to consider the issue for framing of charge at the earliest and in the event charge is framed to take the proceeding to its logical conclusion. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)

Questions this judgment answers

Which statutory provisions did this judgment involve?

Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 21(C), 25, 29, 37; Code of Criminal Procedure, 1973 — s. 439.

Which court decided this case, and when?

Calcutta High Court, on 01 Jan 2023. The bench was GAURANG KANTH, JOYMALYA BAGCHI.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Calcutta High Court or eCourts case status (search case no. NDPS CASE No. 01 of 2023). ← Search more judgments