Calcutta High CourtCRM (A)/766/2023dismissed as rejected

Anisur Rahaman @ Tanu @ Tunu v. State Of West Bengal

2023-02-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 766 of 2023 22.02.2023 Sl.19 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.1806 of 2022 dated 03.12.2022 under Sections 22(C)/27(A)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Anisur Rahaman @ Tanu @ Tunu ....petitioner.

Mr. Golam Mohiuddin Md. Nazar Chowdhury Ms. Puja Mondal Mr. M.a. Salik ...for the petitioner.

Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ...for the State.

Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was recovered from a room rented by the petitioner.

Constructive possession of the petitioner over the commercial quantity of narcotics cannot be overlooked at this stage. In such circumstances, 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, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 766 of 2023 is dismissed.

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