Babu Miah Alias Rabiul Islam v. State Of West Bengal

15.09.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 4436 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 388 of 2020 dated 29.10.2020 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act. And In Re : Babu Miah @ Rabiul Islam ...... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatun ....for the petitioner Mr. Ranabir Roychowdhury Mr. Sandip Chakraborty ....for the State The police case is of October 29, 2020.

The co-accused, who was enlarged on anticipatory bail, was granted such facility within eight days of the registration of the police complaint.

In view of the long absconsion of the petitioner, it cannot be said that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 4436 of 2022 is dismissed.

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