Calcutta High CourtCRM (A)/5429/2022dismissed as rejected

Md Mustafijur Rahaman v. State Of West Bengal

2022-12-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

06.12.2022 Serial no.4 Aloke CRM (A) 5429 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 782 of 2022 dated 20.05.2022 under Sections 21(C)/29 of the NDPS Act and Section 27A of the Drugs and Cosmetics Act.

-AndIn the matter of : Md. Mustafijur Rahaman ... ... Petitioner Mr. Arup Kr. Bhowmick, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, ld. APP Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Report as called for by the order dated November 24, 2022 filed in Court be taken on record.

The report dated November 30, 2022 states that there are call details recording between the petitioner and the person arrested with the commercial quantity of narcotics. Apparently, there is a nexus between the petitioner and the person arrested with commercial quantity of narcotics.

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.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5429 of 2022 is dismissed.

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