Bapan Mandal v. Narcotics Control Bureau

22.07.2022 Serial no.2 Aloke CRM (A) 2642 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with NCB Crime No. 17/NCB/KOL/2021 dated 23.05.2021 under Sections 21(C)/28/29 of the NDPS Act and Section 8(C) of the NDPS Act, 1985.

-AndIn the matter of : Bapan Mandal ... ... Petitioner Mr. Arup Kr. Bhowmick, Advocate ... ... For the Petitioner Mr. Rajendra Banerjee, Advocate ... ... For the NCB Report as called for by the order dated July 8, 2022 filed in Court be taken on record.

It appears from the report that there are criminal antecedents of the petitioner. The petitioner is involved in three separate cases involving the provisions of the NDPS as well as Arms Act.

Considering the criminal antecedents of the petitioner and considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are of the view that the 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.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 2642 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)