Tapas Besra v. State Of West Bengal

24.12.2021 Serial no.39 Aloke (Through Video Conference) Ct. No. 29 CRM 8857 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.12.2021 in connection with Kumarganj Police Station Case No. 213 of 2021 dated 26.09.02021 under Sections 21(c)/23(c)/27(A) and 28 of the NDPS Act.

-AndIn the matter of : Tapas Besra ... ...Petitioner Mr. Anowar Hossain, Advocate Ms. Benajir Hasna, Advocate ... ... For the State None appears for the petitioner.

Learned Advocate appearing for the State submits that 49 bottles of fensedyl was seized from the exclusive possession of the petitioner.

Considering the fact that commercial quantity of narcotics was seized from the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, CRM 8857 of 2021 is rejected.

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