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Calcutta High CourtCRM (A)/924/2022dismissed

Parimal Mandal And ORS v. State Of West Bengal

2022-02-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

24.02.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 924 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 29 of 2016 dated 22.01.2016 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Parimal Mandal ..... petitioners Mr. Sudip Banerjee .... for the petitioners Mr. Sudip Kumar Ghosh Mr. Bitasok Banerjee ... for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the alleged incident is prior to the death of their father. The allegation is of cultivation of poppy seeds. The police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State submits that, it is not a case where the poppy cultivation was on the land belonging to the deceased father. In fact, the petitioners were cultivating the land belonging to some other person. Considering the gravity of the offence and the involvement of the petitioners therein and considering the long absconsion of the petitioners, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 924 of 2022 is dismissed.

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