Calcutta High CourtCRM (A)/5026/2023dismissed as rejected

Sahin Malithya v. State Of West Bengal

2024-01-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5026 of 2023 22.01.2024 DL-83 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No.122 of 2023 dated 22.05.2023 under Sections 20(b)2(ii)(c)/27(A)/25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Case No.52 of 2023).

And In the matter of: Sahin Malithya ....petitioner.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ... for the petitioner.

Kr. Swapan Banerjee Mr. Suman De ...for the State.

Commercial quantity of narcotics was seized from the vehicle owned by the petitioner.

Constructive possession of the petitioner over such seized commercial quantity of narcotics cannot be overlooked at this stage.

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.

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

C.R.M. (A) 5026 of 2023 is dismissed.

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