Iktar Ali Sekh v. State Of West Bengal

31.10.2022 Serial no. 94 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4843 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 816 of 2022 dated 07.08.2022 under Sections 21(C)/29 of Narcotic Drugs and Psychotropic Substances Act corresponding to NDPS Special Court Case No. 58/22.

-AndIn the matter of : Iktar Ali Sekh ... ...Petitioner Mr. Kalyan Kumar Bhattacherjee, Ms. Reshmi Khatun, Advocates ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Saryati Datta, Advocates ... ...For the State Commercial quantity of narcotic was seized from the vehicle owned by the petitioner.

In such circumstances, constructive possession of the petitioner over the commercial quantity of narcotic seized cannot be overlooked. Petitioner is, therefore, 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) 4843 of 2022 is dismissed.

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