Calcutta High CourtCRM (A)/1316/2023dismissed as rejected

Khorsed Sekh v. State Of West Bengal

2023-03-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.03.2023 Ct. No. 29 CHC Rejected C.R.M.(A) 1316 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NDPS Case No.76/2022 arising out of Raninagar Police Station Case No. 114 of 2022 dated 23.03.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Khorsed Sekh ...... petitioner Mr. Tapodip Gupta ....for the petitioner Mr. Ranabir RoyChowdhury, Mr. Sandip Chakraborty ....for the State The vehicle from which, commercial quantity of narcotics were seized, apparently, belongs to the petitioner. In such circumstances, we are of the view that the petitioner is unable to overcome the restrictions under Sections 37 of the NDPS Act, 1985 as conscious possession of the petitioner under the commercial quantity of narcotics cannot be overlooked at this stage.

CRM (A) 1316 of 2023 is rejected.

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