PUSHPAK MODI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 439 of the Cr.P.C. as filed by the present petitioner Pushpak Modi who is in custody in connection with Lalgola PS case No.224 dated April 13, 2013 now pending before the Special Court N.D.P.S, Act, Murshidabad at Berahmpore in NDPS Case No. 47 of 2013 under Sections 21 (c)/ 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) This matter has been assigned to this Bench as per order of the Hon ble Acting Chief Justice, High Court, Calcutta.

(3.) The prosecution case in nutshell can be stated in brief thus that admittedly the petitioner is in custody under Sections 21 (c)/ 29 of the NDPS Act since 18th April, 2013 and the prayer for bail of this present petitioner was refused by the Ld. Special Judge, Murshidabad on 29th August, 2013. The first incident took placed on 13th of April, 2013 which happened at Krishnapur Hospital More, PS. Lalgola and on a tip off the de facto complainant of this case, i.e., SI Sadhan Kumar Ghosh of Lalgola PS went to the house of Golam Mortuja @ Selal (one accused in this Special Court Case) after informing the matter to his superior that Heroin was being manufactured for selling the same to others and on that date from that house five persons were arrested namely, Golam Mortaja, Sentu Sk., Israfil Sk. @ Fakir, Sabirul Islam @ Pinu and Md. Ajijul Rahman along with 1kg 490 gms. of Heroin, 14 kg 980 gms. of Cod Heroin along with other items. Those were seized as per seizure list and this Lalgola PS case was started and was registered at about 19.25 hrs under Sections 21 (c)/ 29 NDPS Act, 1985.