Calcutta High CourtCRM (A)/4439/2022dismissed as rejected

Ismatara Khatun v. State Of West Bengal

2022-09-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

19.09.2022 Serial no. 13 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4439 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Katwa Police Station Case No. 441 of 2022 dated 16.07.2022 corresponding to SPL (NDPS)- 36 of 2022 under Sections 18(C)/22/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Ismatara Khatun ... ...Petitioner Mr. Sanjay Banerjee, Md. Apzal Ansari, Mr. Saibal Krishna Dasgupta, Advocates ... ... For the Petitioner Mr. Sanjay Bardhan, Ms. Debjani Dasgupta, Advocates ... ...For the State Narcotic of commercial quantity was seized from a vehicle belonging to the petitioner.

In such circumstances, the constructive possession of the petitioner over the commercial quantity of narcotics cannot be overlooked.

We are, therefore, of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 4439 of 2022 is dismissed.

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