Calcutta High CourtCRM (A)/396/2023dismissed as rejected

Mainul Mondal And ORS v. State Of West Bengal

2023-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

31.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 396 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 354 of 2022 dated 19.11.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Mainul Mondal & Ors.

...... petitioners Mr. Tapodip Gupta ....for the petitioners Mr. Sanjoy Bardhan Ms. Baisakhji Chatterjee ....for the State Statement recorded under Section 161 of the Code of Criminal Procedure of eye witnesses implicates the petitioners. Such eye witnesses saw that the petitioners to flee away from the spot where commercial quantity of narcotic was seized. In such circumstances, complicity of the petitioners in the incident cannot be overlooked.

Consequently, the petitioners are unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 396 of 2023 is dismissed.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)