Anup Kumar v. State Of West Bengal

C.R.M. (A) 5391 of 2022 23.11.2022 Sl.43 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Airport Police Station Case No.168 of 2022 dated 11/06/2022 under Sections 22(c)/25/28/29 of Narcotics Drugs and Psychotropic Substances Act, corresponding to N Case No.73/22. And In the matter of: Anup Kumar ....petitioner.

Mr. Moyukh Mukherjee Mr. Abhijit Singh Mr. Hari Krishna Srivastava Mr. Shiv Mohan Salanki Mr. Mahesh Kashyap ... for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ... for the State.

Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was seized from a vehicle of which the petitioner is the owner.

In such circumstances, constructive possession of the petitioner over the commercial quantity of narcotics seized cannot be overlooked. The petitioner is, therefore, unable to rebut the presumptions under Section of the NDPS Act, 1985.

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

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

C.R.M. (A) 5391 of 2022 is dismissed.

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