Raju Ghosh@Rajkumar Ghosh v. State Of West Bengal

30.03.2022 Serial no. 33 [Dd] (Anticipatory bail Rejected) CRM(A) 1473 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 295 of 2021 dated 17.10.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Raju Ghosh @ Rajkumar Ghosh ... ...Petitioner Mr. Sauvik Mitter, Mr. Kalyan Kumar Bhattacherjee, Advocates ... ... For the Petitioner Mr. Tapandeb Nandy, Mr. Antarikhya Basu, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody. No narcotic was recovered from the possession of the petitioner.

Learned advocate appearing for the State submits that the investigations are yet to be concluded. He refers to paragraph 9 of the petition where petitioner claims that there is no criminal antecedent of the petitioner. He refers to communication of the police from where it transpires that the petitioner is involved in Kishanganj police station case no. 54 of 2022 dated March 3, 2022, inter alia, under Section 14 of the Foreigners Act and Section 21(c) of NDPS Act.

Considering the fact that there is a criminal antecedent 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 not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 1473 of 2022 is dismissed.

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