Prahlad Shil @ Prahllad Shil v. State Of West Bengal

23.04.2024 Item No.19 Ct. No. 29 CHC Rejected C.R.M.(A) 1411 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goalpokhar Police Station Case No. 575 of 2023 dated 09.10.2023 under Section 21(c) of the NDPS Act corresponding to Spl. NDPS Case No.31 of 2023.

And In the matter of : Sri Prahlad Shil @ Prahllad Shil ...... petitioner Mr. Aditya Mondal, Ms. Sompurna Chatterjee, Mr. Shuvadeep Paul ....for the petitioner Mr. Sujan Chatterjee ....for the State Petitioner prays for anticipatory bail.

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

Constructive possession of the seized commercial quantity of narcotic so far as the petitioner is concerned, as the owner of the vehicle cannot be overlooked at this stage. In such circumstances, we are of the view that, petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

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

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 23 rd of April 2024 06:01:14 PM

This application for anticipatory bail is, thus, rejected. CRM(A) 1411 of 2024 is disposed of.

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