Mujafar Hussain v. State Of West Bengal

30.03.2023 Serial no. 26 [Dd] (Anticipatory bail) (Rejected) CRM (A) 1333 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Katwa Police Station Case No. 441 of 2022 dated 16.07.2022 under Sections 18C/22/25/27A/28/29 of the NDPS Act. -AndIn the matter of : Mujafar Hussain ... ...Petitioner Mr. Soumyajit Das Mahapatra, Mr. Palash Bapari, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld APP Ms. Sayanti Santra, , Advocate ... ...For the State Petitioner was declared as a proclaimed offender. Apparently, narcotics of commercial quantity were seized from the house claimed to be belonging to the petitioner as also from a vehicle which is claimed to be belonging to the petitioner.

Consequently, conscious possession of the petitioner over the narcotic seized cannot be overlooked at this stage. Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 1333 of 2023 is dismissed.

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