Sk Selim @ Sk. Selim Ali v. State Of West Bengal

30.03.2022 Serial no. 108 [Dd] (Anticipatory bail Rejected) CRM(A) 677 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with T. R. No. 12/21 arising out of Uluberia G.R. P.S. Case No. 07 of 2021 dated 08.03.2021 under Sections 20(b)(ii)C of the NDPS Act.

-AndIn the matter of : Sk. Selim alias Sk. Selim Ali ... ...Petitioner Mr. Soumik Ganguli, Mr. Diptendu Banerjee, Ms. Sinthia Bala, Advocates ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerji, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The vehicle was sold by the petitioner on 1st November, 2021 and the seizure was made on 8th November, 2021. Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the vehicle belonging to the petitioner.

It is contended on behalf of the petitioner that the co-accuseds were granted default bail.

Considering the fact that commercial quantity of narcotic was seized from the vehicle which till date stands registered with the appropriate authorities in the name of the petitioner as the owner, 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 not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 677 of 2022 is dismissed.

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