Ankit Gupta @ Guddu Gupta And ANR v. State Of West Bengal

18.05.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2062 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 63 of 2023 dated 23.03.2023 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Ankit Gupta @ Guddu Gupta & Anr.

...... petitioners Mr. Kaushik Chowdhury Ms. Busra Khatun ....for the petitioners Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ....for the State There is a statement recorded under Section 161 of the Code of Criminal Procedure Cr.P.C.) of a neighbour implicating both the petitioners in the business of narcotics. State is able to demonstrate nexus between the petitioners and the person arrested with the commercial quantity of narcotic.

In such circumstances, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

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

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 2062 of 2023 is dismissed.

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