Calcutta High CourtCRM (A)/1583/2023dismissed as rejected

Piyarul Mandal v. State Of West Bengal

2023-04-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

17.04.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1583 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 129 of 2022 dated 20.04.2022 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Piyarul Mandal ...... petitioner Mr. Anisur Rahaman ....for the petitioner Mr. Saibal Bapuli Mr. Soumik Ganguly ....for the State The police case is dated April 20, 2022.

Commercial quantity of narcotic was seized from the vehicle owned by the petitioner.

Conscious possession of the petitioner over the narcotic seized cannot be overlooked at this stage.

Consequently, the petitioner is unable to overcome the restriction under Section 37 of the NDPS Act, 1985. Consequently, 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) 1583 of 2023 is dismissed.

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