Calcutta High CourtCRM (A)/329/2023dismissed as rejected

Wasim Akram @ Wasim Akram Mondal v. State Of West Bengal

2023-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

24.01.2023 Serial no. 28 [Dd] (Anticipatory bail) (Rejected) CRM (A) 329 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure arising out of NDPS case no. 165 of 2022 in connection with Jalangi Police Station Case No. 228 of 2022 dated 06.07.2022 under Sections 20(b)(ii) (c)/29 NDPS Act.

-AndIn the matter of : Wasim Akram @ Wasim Akram Mondal ... ...Petitioner Md. Golam Nure Imrohi, Mr. Susnigdho Bhattacvharyya, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arigit Ganguli, Mr. Bibasan Bhattacharyya, Advocates ... ...For the State There are call detail recordings of the mobile phone between the petitioner and the person arrested with the commercial quantity of narcotics.

Complicity of the petitioner in the incident cannot be overlooked at this stage.

In such circumstances, we are of the view that the petitioner is unable to rebut the presumption 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) 329 of 2023 is dismissed.

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