Saddam Gazi v. State Of West Bengal

01.08.2025 Court No.28 Item No.26 tbsr Reject CRM (A) 2262 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hasnabad P.S. Case No.527 of 2023 dated 31.12.2023 under Sections 21(c) of the NDPS Act, 1985.

And In the matter of: Saddam Gazi ....Petitioner.

Mr. Angshuman Chakraborty Mr. S. S. Saha ....for the petitioner Mr. Saryati Datta Ms. Sima Biswas .....for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the e-rickshaw in question was found with some contraband. It was chased, but the driver fled away. The petitioner was made an accused simply because he was the owner of the e-rickshaw. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail, relies on the statements of witnesses and documents and submits that the petitioner was the driver as well as the owner of the vehicle in question. It does not appear from the application that the petitioner had employed a driver for running the e-rickshaw. Considering the incriminating materials available in the case diary and in view of the restrictions contained in Section 37 of the NDPS Act, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail is rejected. The personal appearance of the Investigating Officer is noted and is dispensed with.

(Jay Sengupta, J.)