Ashadul Seikh@Asadul Sk v. State Of West Bengal

15.03.2023 Serial no. 05 [Dd] (Anticipatory bail) (Rejected) CRM (A) 853 of 2023 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. 1240 of 2022 dated 05.08.2022 under Sections 21(c)/29 of the NDPS Act, 1985 corresponding to NDPS case no. 107/2022.

-AndIn the matter of : Ashadul Seikh @ Asadul Sk. ... ...Petitioner Mr. Rana Mukherjee, Mr. Rhiddhiman Mukherjee, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocate ... ...For the State Leave is granted to the learned advocate-on-record for the petitioner to correct the cause title of the petition. Report as called for by the order dated February 28, 2023 filed in Court be taken on record.

It transpires from the report that, co-villagers stated that, the petitioner is involved in smuggling. The Border Security Force commandant also made similar remarks against the petitioner.

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.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 853 of 2023 is dismissed.

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