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Calcutta High CourtCRM (A)/430/2023dismissed as rejected

Sefaluddin Mandal v. State Of West Bengal

2023-02-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

15.02.2023 Serial no. 06 [Dd] (Anticipatory bail) (Rejected) CRM (A) 430 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 223 of 2022 dated 11th September, 2022 under Sections 21(c)/29 of the NDPS Act, 1985. -AndIn the matter of : Sefaluddin Mandal ... ...Petitioner Ms. Debarshi Brahma, Advocate ... ... For the Petitioner Mr. Saryati Datta, Advocate ... ...For the State Report as called for by the order dated February 2, 2023 filed in Court be taken on record.

The report demonstrates that there are call details recording of mobile phone calls between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics. 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.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 430 of 2023 is dismissed.

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