Mijanur Molla @ Mijanur Rahaman Molla v. State Of West Bengal

28.04.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1935 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 112 of 2022 dated 11.04.2022 under Sections 20(b)(ii)(B)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Mijanur Molla @ Mijanur Rahaman ...... petitioner Md. G. N. Imrohi ....for the petitioner Mr. T. D. Nandy Mr. A. Basu ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, no narcotic was recovered from the possession of the petitioner. The petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody. Moreover, the narcotic seized is below the commercial quantity.

Learned advocate appearing for the State submits that, there is one criminal antecedent so far as the petitioner is concerned. He is involved in Jalangi P.S. Case No. 272 of 2021 dated September 23, 2021 under Section 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Considering the fact that the petitioner is involved in another police case under the NDPS Act, 1985 and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1935 of 2022 is dismissed.

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