Calcutta High CourtCRM (A)/870/2023dismissed as rejected

Ganesh Biswas v. State Of West Bengal

2023-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 870 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 406 of 2022 dated 14.10.2022 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Ganesh Biswas ...... petitioner Mr. Rohit Prosad ....for the petitioner Mr. Saryati Dutta ....for the State Seizure of commercial quantity of narcotic was made from the house belonging to the petitioner.

Conscious possession of the petitioner over the seized commercial quantity of narcotic 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, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 870 of 2023 is dismissed.

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