Biswajit Samanta v. State Of West Bengal And ANR.

13.12.2021 Sl. No.26 akd [Rejected] C. R. M. 4106 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.06.2021 in connection with SI's SL No. 188/19-20 dated 07.02.2020 under Section 18(c) of the NDPS Act. (NDPS Case No.6 of 2020) And In Re: Biswajit Samanta ... ... Petitioner Mr. Sourav Chatterjee Mr. Soumyajit Das Mahapatra ... ... for the petitioner Mr. Sudip Ghosh Mr. Apurba Kumar Datta Mr. Bitasok Banerjee ... ... for the State Petitioner is the owner of the land where poppy cultivation was detected. It is contended on behalf of the petitioner that other co-owners have not been made accused persons.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statements of witnesses prima facie disclosing involvement of the petitioner in cultivating poppy on the land of which he is the owner. In view of the aforesaid fact, we are of the opinion that this is not a fit case to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)