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Calcutta High CourtCRM (A)/4585/2022dismissed

Bapi Sk @ Bapi Sekh v. State Of West Bengal

2022-10-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4585 of 2022 31.10.2022 Sl.8 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No.359 of 2022 dated 02/09/2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Bapi Sk @ Bapi Sekh ....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. T. D. Nandy Mr. Antarikhya Basu ... for the State.

Petitioner prays for anticipatory bail.

Report as called for by the order dated September 28, 2022 filed in Court be taken on record.

The report dated October 30, 2022 states that there are call details recording between the petitioner and the person arrested with the commercial quantity of narcotics.

In such circumstances, it cannot be said that there is no nexus between the petitioner and the person arrested with the commercial quantity of narcotics, at this stage. Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 4585 of 2022 is dismissed.

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