Nazrul Mondal v. State Of West Bengal

21.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 723 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 30 of 2022 dated 24.01.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act and Section 25(1)(a) of the Arms Act. And In Re : Nazrul Mondal ..... petitioner Ms. Minoti Gomes .... for the petitioner Mr. Sanjoy Bardhan Ms. Baisakhi Chatterjee ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, no narcotic was recovered from the possession of the petitioner. The petitioner was falsely implicated. Learned advocate appearing for the State submits that, the investigations are at the nascent stage. The call record details shows that the petitioner along with the person arrested with the commercial quantity of narcotic and another person were running an international racket in drugs. Considering the call record details implicating the petitioner with the co-accused arrested with commercial quantity of narcotics and considering the fact that commercial quantity of narcotics was recovered from the co-accused, who is in custody, 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.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 723 of 2022 is dismissed.

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