Calcutta High CourtCRM (A)/404/2024dismissed as rejected

Shahjamal Seikh v. State Of West Bengal

2024-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.02.2024 Item No.23 Ct. No. 29 CHC Rejected C.R.M.(A) 404 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 563 of 2023 dated 23.07.2023 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act and Charge sheet being Charge Sheet No.40 of 2024 dated 17.01.2024 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act.

And In the matter of : Shahjamal Seikh ...... petitioner Ms. Sabina Hasin ....for the petitioner Mrs. Mamata Jana ....for the State Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was seized from the house belonging to the petitioner.

Consequently, constructive possession of the petitioner over the seized commercial quantity of narcotics cannot be overlooked at this stage.

Considering the police filing charge-sheet, we are of the view that petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Consequently, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 404 of 2024 is disposed of.

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