Md. Ebarat Ali v. State Of West Bengal

29.03.2022 Serial no. 04 [Dd] (Anticipatory bail Rejected) CRM(A) 1200 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. 1324 of 2021 dated 26.11.2021 under Sections 21(c)/29 of the NDPS Act (NDPS case No. 131 of 2021) -AndIn the matter of : Md. Ebarat Ali ... ...Petitioner Mr. Parvej Anam, Advocate ... ... For the Petitioner Ms. Anasuya Sinha, Mr. Pinak Kr. Mitra, Advocates ... ...For the State Report as called for by the order dated March 14, 2022 filed in Court be taken on record. It appears from the report that the police are yet to conclude the investigations. The petitioner herein is the uncle of the person arrested with the commercial quantity of narcotic. According to the report, the uncle is the procurer/supplier of the narcotic to the person who was arrested with commercial quantity of narcotic.

Considering the fact that there appears to be a prima facie nexus between the petitioner and one of the accused arrested with the commercial quantity of narcotic, we are of the view that the petitioner is unable to rebut the presumption under Section 37 of the NDPS Act, 1985. Consequently, we are not inclined to grant anticipatory bail to the petitioner. Moreover, the police are yet to file charge sheet.

Prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 1200 of 2022 is dismissed.

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