Mijanur Rahaman @Mizanur Miya And ORS v. State Of West Bengal

26.11.2021 Serial no. 89 Dd (Through Video Conference) CRM 6092 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 288 of 2021 dated 31.07.2021 under Sections 21(c)/ 22(c)/ 23(c)/ 27A/ 28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(Corresponding to Spl, Case No. 76 of 2021) -AndIn the matter of : Mijanur Rahaman @ Mizanur Miya & Ors. ... ...Petitioners Mr. Tmazahar Hossain Chowdhury, Advocate ... ... For the Petitioners Mr. Tapan Deb Nandy, Mr. Antarikshya Basu, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. No contraband was recovered from the possession of the petitioners.

Learned advocate appearing for the State submits that narcotics of commercial quantity was seized from a co-accused. The involvement of the petitioners transpires from not only the statement of the co-accused but also statements recorded under Section 161 of the Criminal Procedure Code of other persons. Such persons saw the petitioners to flee from the spot at the time of raid. Considering the materials in the case diary against the petitioners and considering the gravity of the offences involved therein, 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 not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected.

CRM 6092 of 2021is, accordingly, dismissed.

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