Calcutta High CourtCRM (A)/1438/2023dismissed as rejected

Nasir Sk. @ Sheikh And ANR v. State Of West Bengal

2023-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.04.2023 Ct. No. 29 CHC Rejected C.R.M.(A) 1438 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NDPS Case No.20 of 2023 arising out of Tehatta Police Station Case No. 203 of 2023 dated 14.03.2023 under Section 21(C)/29 of the Narcotics Drugs and Psychotropic Substances Act. And In the matter of : Nasir Sk @ Sheikh & anr.

...... petitioners Mrs. Karabi Roy ....for the petitioners Mr. Saibal Bapuli, ld. A.P.P.

Mr. Arani Bhattacharyya ....for the State Report as called for by order dated April 5, 2023, submitted in Court be taken on record.

Report states that there are call records details between the petitioner no.1 and the arrested co-accused. So far as the petitioner no.1 is concerned, he was using a phone belonging to a different person to contact the arrested coaccused. Commercial quantity of narcotics were seized from the arrested co-accused.

In such circumstances, we are of the view that petitioners are unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant anticipatory bail to the petitioners.

CRM (A) 1438 of 2023 is rejected.

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