Sufal Das v. State Of West Bengal

13.03.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 966 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. 295 of 2022 dated 12.08.2022 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Sufal Das ...... petitioner Mr. S. Majumdar ....for the petitioner Mr. Anasuya Sinha Ms. Subhashree Patel ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, no narcotic was recovered from the possession of the petitioner. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, co-villagers recorded statement under Section 161 of the Code of Criminal Procedure implicating the petitioner in the business of narcotic. Prayer for anticipatory bail of another co-accused was rejected on February 16, 2023 passed in CRM (A) 670 of 2023.

There are materials in the case diary including the 161 Cr.P.C. statement implicating the petitioner in the smuggling and dealing with drugs.

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) 966 of 2023 is dismissed.

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