Biijoya Rani Dutta @ Jhunu Dutta @ Jhuma Dutta v. State Of West Bengal

02.05.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1852 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon Police Station Case No. 825 of 2022 dated 06.08.2022 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Bijoya Rani Dutta alias Jhunu Dutta @ Jhuma Dutta ...... petitioner Mr. Angshuman Chakraborty ....for the petitioner Mr. Antarikhya Basu ....for the State Call details recording of telephone calls made available to the Court demonstrate that the petitioner was in constant contact with all three persons arrested with the commercial quantity of narcotic. One of the arrested person is the son-inlaw of the petitioner. However, at this stage, there is no explanation as to why the petitioner was in contact with the other two co-accuseds, who were arrested with the commercial quantity of narcotic.

In such circumstances, we are of the view that 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) 1852 of 2023 is dismissed.

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