Calcutta High CourtCRM (A)/5312/2022dismissed as rejected

Subrata Kundu v. State Of West Bengal

2022-11-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.11.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5312 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 292 of 2021 dated 13.12.2021 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Subrata Kundu ...... petitioner Ms. Busra Khatun ....for the petitioner Mr. Sanjoy Bardhan Ms. Debjani Sengupta ....for the State The petitioner is the owner of the vehicle, which was seized along with commercial quantity of narcotic. Constructive possession of the petitioner over the narcotics cannot be overlooked.

In such circumstances, we are of the view that the petitioner is unable to rebut the presumptions 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) 5312 of 2022 is dismissed.

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