Fajlu Miya @ Fajlu Mia And ANR. v. State Of West Bengal

28.08.2025 Sl. No.84 NB C.R.M. (A) 2807 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haringhata P.S. Case No.661/2024 dated December 17, 2024 under Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Fajlu Miya @ Fajlu Mia & Anr. ... petitioners Mr. Navanil De, Mr. Srinjan Ghosh.

...for the petitioners.

Mr. Madhusudan Sur, Mr. Aritra Bhattacharya.

...for the State.

Heard the learned counsels for the parties.

Perused the case diary.

It is the case of the petitioners that the petitioner no.2 is the sister in law of the petitioner no.1. They owned two cars which were allegedly intercepted with the contraband.

However, from the seizure list, it appears that when the cars were intercepted, in one of the cars, the brother of the petitioner no.1 was travelling.

Considering the incriminating materials available in the case diary, the fact that the petitioners are the owners of the two cars intercepted and that their relative was present in a car when those cars were in transit carrying the contraband and in view of the restriction contained in Section 37 of the NDPS Act, I do not consider this to be a fit case for granting anticipatory bail to the petitioners.

The application for anticipatory bail being C.R.M. (A) 2807 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)