Tapas Besra v. State Of West Bengal

CRM (A) 170 of 2022 (Via Video Conference) 25.01.2022 Sl. 71 Court No.29 pg.

(Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kumarganj P.S. Case No. 213 of 2021 dated 26/09/2021 under Sections 21(c)/22(c)/23(c)/27A and 28 of the Narcotic Drugs and Psychotropic Substance Act.

And In the matter of: Tapas Besra ....petitioner.

Mr. Saibal Bapuli Mr. A. Bhattacharyya ...for the State.

None appears for the petitioner.

We are informed that no one has applied on behalf of the petitioner to join on virtual mode.

Learned advocate appearing for the State submits that the present petition is the second petition.

It appears from the record that the earlier application for anticipatory bail, being CRM 8857 of 2021 was rejected on December 24, 2021 on merits. There is no change in circumstance subsequent to the order of rejection dated December 24, 2021.

Considering the fact that the commercial quantity of narcotics was seized from the possession of the petitioner, we are unable to grant anticipatory bail to the petitioner in view of Section 37 of the NDPS Act, 1985.

The application for anticipatory bail, being CRM(A) 170 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)