Sariul Sk v. State Of West Bengal

C.R.M. (A) 3935 of 2022 22.08.2022 Sl.6 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.321 of 2021 dated 14/03/2021 under Sections 22(C)/29 of the NDPS Act.

And In the matter of: Sariul Sk ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that nothing was recovered from the possession of the petitioner. The police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State submits that on the leading statement of the arrested co-accused, a raid was conducted in the house belonging to the petitioner whereupon, commercial quantity of narcotics was seized. He refers to the seizure list dated March 16, 2021.

In view of commercial quantity of narcotics being seized from the house belonging to the petitioner, the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 3935 of 2022 is dismissed.

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