Saidul Nowda Alias Sahidul Mondal v. State Of West Bengal

01.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1041 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 468 of 2020 dated 20.11.2020 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Saidul Nowda @ Sahidul Mondal ..... petitioner Mr. Sumanta Das .... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioners submits that, other co-accused were granted anticipatory bail by the Coordinate Bench. Narcotic was recovered from the possession of the petitioner. The police filed charge-sheet. Learned advocate appearing for the State submits that, the petitioners ran away from the spot and hid themselves in a house. They subsequently fled away from the spot. Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that narcotic of commercial quantity was seized, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1041 of 2022 is dismissed.

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