Lakshman Halder v. State Of West Bengal

29.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1435 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 209 of 2021 dated 02.09.2021 under Section 20(c) of the Narocotic Drugs and Psychotropic Substances Act.

And In Re : Lakshman Halder ..... petitioner Mr. Tapas Kumar Paul .... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that, the prayer for anticipatory bail was rejected on the ground that the police did not file charge-sheet. The police now filed charge-sheet and, therefore, detention of the petitioner is not required.

Learned advocate appearing for the State submits that, commercial quantity of narcotic was recovered from the house belonging to the petitioner.

In response, learned advocate appearing for the petitioner submits that, the property belonged to his father. Considering the fact that narcotic of commercial quantity was recovered from the house belonging to the father of the petitioner, 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 unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1435 of 2022 is dismissed.

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