Calcutta High CourtCRM (A)/40/2024dismissed as rejected

Sainul Rahaman v. State Of West Bengal

2024-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

09.01.2024 Item No.229(M.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 40 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hemtabad Police Station Case No. 154 of 2023 dated 26.07.2023 under Sections 21(c) of the NDPS Act. And In Re :

Sainul Rahaman ... Petitioner.

Mr. Golam Mastafa, Mr. S. Sardar ... For the Petitioner.

Md. Kutubuddin ... For the State.

Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was seized from the co-accused and from a vehicle which stands registered in the name of the petitioner.

Constructive possession of the petitioner over the seized commercial quantity of narcotics cannot be overlooked at this stage.

Consequently, the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act. Consequently, we are unable to grant anticipatory bail to the petitioner.

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

CRM(A) 40 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)