Chintu Barman @ Chandi Barman v. State Of West Bengal

22.11.2022 Serial no. 26 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5354 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. 182 of 2022 dated 08.08.2022 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs & Psychotropic Substances Act, 1985 corresponding to G.R. No. 1579 of 2022, -AndIn the matter of : Chintu Barman @ Chandi Barman ... ...Petitioner Mr. Pappu Adhikari, Mr. Debanjan Das, Mr. Sakhawat Khandakar, Ms. Swati Jha, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Mr. Suman De, Advocates ... ...For the State There are materials in the case diary suggesting that the petitioner is the owner of the vehicle from where the seizure of commercial quantity of narcotic was made. The petitioner was seen to flee away from the spot.

As an owner of the toto vehicle, constructive possession of the petitioner in respect of the commercial quantity of narcotics seized cannot be overlooked.

In such circumstances, we are of the view that the petitioner is unable to overcome the restriction 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) 5354 of 2022 is dismissed.

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