Anikul Sk @ Hoque v. State Of West Bengal
CRM (A) 1911 of 2022 12.05.2022 Sl. 05 Court No.29 suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No. 543 of 2021 dated 24/05/2021 under Sections 21(c)/29 of the NDPS Act, 1985.
And In the matter of: Anikul Sk. @ Hoque ....petitioner.
Mr. Mrityunjoy Chatterjee ... for the petitioner.
Mr. Binay Panda Mr. Subham Bhakat ...for the State.
Report as called for by the order dated April 27, 2022 filed in Court be taken on record.
The report dated May 11, 2022 shows that the petitioner and the person arrested with the commercial quantity of narcotic were in conversation with each other on the mobile. There is, therefore, nexus between the petitioner and the person arrested with the commercial quantity of narcotics. Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Therefore, we are unable to grant anticipatory bail to the petitioner.
The application for anticipatory bail, being CRM (A) 1911 of 2022, is rejected.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)