Sk Sabirul @ Sk Harun Sk Haru @ Sk Nabirul v. State Of West Bengal

(AD) 20.06.2022 C.R.M. (A) 2872 of 2022 Court No.29 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No.22 of 2022 dated 06.01.2022 under Sections 21(c)/29 of the Narcotics Drugs and Psychotropic Substances Act, (corresponding to NDPS Case No.05/2022).

And (Rejected) In the matter of: - Sk. Sabirul @ Sk. Harun @ Sk. Haru @ Sk. Nabirul ...petitioner.

Mr. Mazahar Hossain Chowdhury ... for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Saryati Datta ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that nothing was recovered from the possession of the petitioner. Learned Advocate appearing for the State submits that 170 bottles of codeine phosphate were recovered from the house belonging to the petitioner.

Considering the fact that commercial quantity of narcotics was seized from the house belonging to the petitioner, 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. Accordingly, the prayer for anticipatory bail of the

petitioner is rejected.

C.R.M. (A) 2872 of 2022 is dismissed.

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