Bhajan Ghosh v. State Of West Bengal

(AD) 22.12.2021 C.R.M. 8661 of 2021 (Via Video Conference) Court No.29 (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goalpokher P.S. Case No. 286 of 2020 dated 19/09/2020 under Sections 21(c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: - Bhajan Ghosh ...petitioner.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

None appears for the petitioner even in the second call. Learned Advocate appearing for the State submits that 300 litres of phensedyl was seized from the vehicle belonging to the petitioner.

Considering the fact that contraband of commercial quantity was seized from the vehicle belonging to the petitioner, we are of the view that the petitioner is unable to rebut the presumptions under Section 37 of the NDPS Act, 1985. Therefore, we are unable to grant anticipatory bail to the petitioner.

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

C.R.M. 8661 of 2021 is dismissed.

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