Calcutta High CourtCRM (A)/4948/2023dismissed as rejected

Ajmal Mia @ Mjman Miya v. State Of West Bengal

2024-01-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

11.01.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 4948 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 302 of 2023 dated 15.03.2023 under Section 21(c ) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Ajmal Mia @ Ajman Miya ...... petitioner Md. Wasim Akram ...for the petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ...for the State We perused the materials in the case diary.

Commercial quantity of narcotics were recovered by the Border Security Force Personnel.

The defacto-complainant is a Border Security Force Personnel who identified the petitioner and the person who fled the spot.

Constructive possession of the petitioner and the involvement in the incident cannot be overlooked at this stage. Petitioner is unable to repel the presumption under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant anticipatory bail to the petitioner and the prayer of anticipatory bail is rejected.

The application being CRM (A) 4948 of 2023 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)