Mainul Biswas @ Mainul Mondal v. State Of West Bengal

30.11.2022 Serial no. 08 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5327 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 453 of 2022 dated 15.10.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. -AndIn the matter of : Mainul Biswas @ Mainul Mondal ... ...Petitioner Ms. Shabana Hasin, Md. Jishan Iqbal, Advocates ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Report as called for by the order dated November 21, 2022 filed in Court be taken on record.

The report states that, the petitioner was in contact with the person arrested with the commercial quantity of narcotics through a mobile phone, SIM card of which was standing in the name of different person. On investigations, the police found that the petitioner was using such SIM card.

In such circumstances, the existence of a nexus between the petitioner and the person arrested with the commercial quantity of narcotics cannot be overlooked at this stage. The investigations are yet to be concluded.

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.

Consequently, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 5327 of 2022 is dismissed.

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