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Calcutta High CourtCRM (A)/2960/2025rejected

Tahamul Alam @ Tahbul @ Tahamul Husen v. State Of West Bengal

2025-09-17Hon'Ble Justice Jay Sengupta2 pages

17.09.2025 Sl. No.40 NB CRM (A) 2960 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 Goalpokher P.S. Case No.92/2025 dated 26.02.2025 under Sections 8/20(c)/25/29 of the NDPS Act.

And In the matter of: Tahamul Alam @ Tahbul @ Tahamul Husen ... petitioner Mr. Sudip Banerjee ...for the petitioner.

Ms. Shreyashee Biswas.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. He was not staying in his house at the relevant time. Subsequently, a mass petition was given by the local residents about false implication of persons by the police in NDPS cases. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. She relies on the case diary and points to the seizure list and the statements of independent local witnesses to the said seizure. A videography has been done of the seizure in question.

Considering the incriminating materials available in the case diary including the seizure list, the statements of witnesses to the seizure list, the fact that a commercial quantity of contraband was allegedly seized from the bedroom of the petitioner 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 present petitioner.

The application for anticipatory bail being CRM (A) 2960 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.)