Calcutta High CourtCRM (A)/240/2023dismissed as rejected

Ainul Haque@Sujauddin@Suja Mondal v. State Of West Bengal

2023-01-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 240 of 2023 19.01.2023 Sl.6 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No.201 of 2022 dated 25.05.2022 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Ainul Haque @ Sujauddin @ Suja Mondal ....petitioner.

Mr. Sumanta Das ...for the petitioner.

Mr. T.D. Nandy Mr. Antarikhya Basu ...for the State.

Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was seized from the person arrested.

There are call details recording of conversation between the petitioner and the person arrested with the commercial quantity of narcotics on the date of the incident.

In such circumstances, we are of the view that 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.

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

C.R.M. (A) 240 of 2023 is dismissed.

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