Rabiul Sekh v. State Of West Bengal

28/04/2025 D/L 27 Ct. No.28 S.Kundu C.R.M.(A) 1287 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Chapra police station case no. 959/2024 dated 18.9.2024 under Sections 21 (c) /29 of the NDPS Act.

In the matter of: Rabiul Sekh ... Petitioner Mr. Dipanjan Chatterjee Mr. S. Majumdar Mr. D. Shil Mr. K. Das Ms. R. Adhikari ...for the petitioner.

Mr. Rudradiptya Nandi Mr. R. Jana ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits that the only material available against the petitioner is the statement of co-accused, which is not admissible in evidence.

2. Learned counsel appearing on behalf of the State relies on the case diary submits that seizure of contraband was made from house that was taken on rent by the petitioner.

3. In view of the incriminating articles available in the case diary and the restriction contained in Section 37 of the NDPS Act, I am not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the application for anticipatory bail is rejected.

5. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)