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Calcutta High CourtCRM (A)/389/2025rejected

Habib Saikh @ Habib Sk @ Kuran v. The State Of West Bengal

2025-02-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta1 pages

07.02.2025 37.

Ct No. 28 SG [Rejected] C. R. M. (A) 389 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnaar Police Station Case No. 738 of 2023 dated 22.10.2023 under Sections 21(c)/25/29 of NDPS Act. And In Re: Habib Saikh @ Habib Sk @ Kuran.

...... Petitioner Mr. Mazhar Hossain Chowdhury, Ms. Chandrima Debnath.

......for the petitioner Ms. Sreyashee Biswas, Mr. Samarjit Balial.

......for the State 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record. 200 bottles of phensedyl syrup were recovered from an abandoned motorcycle. The miscreants had fled. Petitioner is the owner of the motorcycle. Petitioner was not available for interrogation. 3.

Under such circumstances, we are of the opinion custodial interrogation during further investigation is necessary and this is not a fit case to grant anticipatory bail to the petitioner.

4.

Application for anticipatory bail is, thus, rejected. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)