Calcutta High CourtCRM (A)/3823/2022dismissed as rejected

Amirul Hak @ Amirul Haque And ANR v. State Of West Bengal

2022-08-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

18.08.2022 Serial no. 10 [Dd] (Anticipatory bail) (Rejected) CRM (A) 3823 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 950 of 2022 dated 25.07.2022 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Amirul Hak @ Amirul Haque & Anr. ... ...Petitioners Mr. Sayan De, Mr. Kaustav Shome, Mr. Sayan Kanjilal, Advocates ... ... For the Petitioners Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya, Advocate ... ...For the State Report as called for by the order dated August 10, 2022 filed in Court be taken on record.

The report states that the petitioners were using four mobile phones to keep in touch with the person arrested with the commercial quantity of narcotics.

In such circumstances, we are of the view that the petitioners are unable to rebut the presumption 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 (A) 3823 of 2022 is dismissed.

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