Mojaffar Sk. @ Md . Mojaffar Hossain v. State Of West Bengal

08.03.2022 Serial no. 12 Dd CRM (A) 1114 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. 577 of 2021 dated 04.06.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (corresponding to Spl Case No. 48 of 2021) -AndIn the matter of : Mojaffar Sk. @ Md. Mojaffar Hossain ... ...Petitioner Mr. Mobashshara Alam, Advocate ... ... For the Petitioner Mr. N. P. Agarwala, Mr. Saryati Datta, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that no narcotic was recovered from the petitioner. Learned advocate appearing for the State submits that the entire commercial quantity of narcotic was recovered from the house belonging to the petitioner.

Considering the fact that commercial quantity of narcotic was recovered from the house belonging to the petitioner, 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 not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 1114 of 2022 is dismissed.

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