Anil Pramanik @ Anil Kumar Pramanik v. State Of West Bengal
04.01.2022 Ct. No 29 KAUSHIK (rejected) C.R.M. 8832 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 566 of 2021 dated 29.05.2021 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 18(b)/27 of the Drugs and Cosmetic Act.
And In Re : Anil Pramanik @ Anil Kumar Pramanik ..... petitioner Mr. Sujan Chatterjee ... for the petitioner Mr. Ranadeb Sengupta ... for the State Petitioner seeks bail.
Learned advocate appearing for the petitioner draws the attention of the Court to the contents in the First Information Report (FIR). He submits that, the petitioner was falsely implicated.
Learned advocate appearing for the State submits that, the commercial quantity of narcotic was seized from the exclusive possession of the petitioner.
Considering the fact that narcotic of commercial quantity was seized from the possession of the petitioner, we are of the view that the petitioner is unable to rebut the presumption under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant bail to the petitioner.
Accordingly, prayer for bail of the petitioner is rejected and the application being CRM 8832 of 2021 is dismissed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)