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Calcutta High CourtCRM (A)/4188/2022dismissed as rejected

Md Rakesh Ali @ Rakesh v. State Of West Bengal

2022-09-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 4188 of 2022 13.09.2022 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 Goalpokher Police Station Case No.183 of 2022 dated 22/05/2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Md. Rakesh Ali @ Rakesh ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. T. D. Nandy Mr. Antarikhya Basu ...for the State.

Petitioner prays for anticipatory bail.

Report as called for by the order dated September 5, 2022 filed in Court be taken on record.

The report suggests that the petitioner before us and the person arrested with the commercial quantity of narcotics were in contact with each other over telephone.

In such circumstances, we are of the view that 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) 4188 of 2022 is dismissed.

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