Prem Kumar Singh v. State Of West Bengal

19.01.2023 Serial no.03 Dd (Anticipatory Bail) (Rejected) CRM (A) 114 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 193 of 2022 dated 14.02.2022 under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985 -AndIn the matter of : Prem Kumar Singh ... ...Petitioner Mr. Tapodip Gupta, Advocate ... ... For the Petitioner Mr. Saryati Datta, Advocate ... ...For the State Report as called for by the order dated January 11, 2023 filed in Court be taken on record.

It appears from such report that, commercial quantity of narcotic was seized from a vehicle owned by the petitioner.

In such circumstances, constructive possession of the petitioner over the 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, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 114 of 2023 is dismissed.

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