Sohail Rana Molla v. State Of West Bengal

C.R.M. (A) 485 of 2024 13.02.2024 DL-80 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No.14 of 2024 dated 13.01.2024 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.(NDPS Case No.08 of 2024).

And In the matter of: Sohail Rana Molla ....petitioner.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder Mr. Manas Das Mr. Akash Sarkar Mr. Arindam Poali ... for the petitioner.

Mr. Dipankar Pramanik ... for the State.

An eye-witness recorded a statement under Section 161 of the Code of Criminal Procedure and placed the petitioner at the time and place of occurrence.

Co-accused was arrested with commercial quantity of narcotics.

The independent witness claims that the petitioner was involved in the incident.

Considering such materials in the case diary, we are unable to return a finding that the petitioner is able to repel the presumptions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 485 of 2024 is dismissed.

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