Calcutta High CourtCRM (A)/4131/2022dismissed as rejected

Israil Mondal @ Israil Mandal v. State Of West Bengal

2022-08-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

31.08.2022 Serial no. 06 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4131 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 193 of 2022 dated 24.05.2022 under Sections 21(c) /29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Israil Mondal @ Israil Mandal ... ...Petitioner Mr. Tapodip Gupta, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerji, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Commercial quantity of narcotic was seized from two motor vehicles one of which is owned by the petitioner. In such circumstances, constructive possession of the petitioner over the seized commercial quantity of narcotic cannot be overlooked at this stage.

We are, therefore, of the view that the petitioner is unable to rebut the presumptions under Section 37 of the NDPS Act, 1985.

Consequently, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4131 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)