Amjat Miah v. State Of West Bengal

18.01.2024 Item No.45(D.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 4738 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No. 980 of 2022 dated 09.11.2022 under Sections 20(b)(ii)c/29 of the NDPS Act, 1985.

And In Re :

Amjat Miah ... Petitioner.

Mr. Sabir Ahmed, Mr. Tasnim Ahmed, Ms. Suman Biswas, Mr. Dhiman Banerjee ... For the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee ... For the State.

Petitioner prays for anticipatory bail.

Process of proclamation and attachment stands completed as against the petitioner.

Materials in the case diary suggest complicity of the petitioner in the seized commercial quantity of narcotics. Petitioner is the owner of the vehicle escorting the vehicle, from where the commercial quantity of narcotics was seized.

Constructive possession of the petitioner over the seized commercial quantity of narcotics cannot be overlooked at this stage.

In such circumstances, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Accordingly, prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 4738 of 2023 is dismissed.

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