Samirul Raja Saikh v. State Of West Bengal

28.03.2023 Serial no. 08 [Dd] (Anticipatory bail) (Rejected) CRM (A) 1157 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Farakka Police Station Case No. 477 of 2022 dated 20.11.2022 under Section 21(C) of the NDPS Act, 1985.

-AndIn the matter of : Samirul Raja Saikh ... ...Petitioner Mr. Sabyasachi Mondal, Mr. A. S. Fazlul Karim, Ms. Payel Khanna, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Debjani Dasgupta, Advocate ... ...For the State Report as called for by the order dated March 21, 2023 filed in Court be taken on record.

It appears from the report that the motorcycle from where, commercial quantity of narcotic was seized belongs to the petitioner. Therefore conscious possession of the petitioner in respect of the seized commercial quantity of narcotics cannot be overlooked. 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) 1157 of 2023 is dismissed.

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