Alamgir Hossan Jamadar v. State Of West Bengal

CRM (A) 2019 of 2022 04.05.2022 Sl. 26 Court No.29 suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NCB Crime No. 19/NCB/KOL/2021 dated 02/06/2021 under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, 1985.

And In the matter of: Alamgir Hossan Jamadar ....petitioner.

Mr. Mohammad Khairul ... for the petitioner.

Mr. Tanmay Kr. Ghosh Mr. Anirdam Sen ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State submits that the commercial quantity of narcotic was seized from the house belonging to the petitioner.

Considering the fact that the commercial quantity of narcotic was recovered from the house belonging to the petitioner, we are of the view that the petitioner can be said in conscious possession thereof. Consequently, the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. We are, therefore, unable to grant anticipatory bail to the petitioner.

The application for anticipatory bail, being CRM (A) 2019 of 2022, is rejected.

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