Calcutta High CourtCRM (A)/5698/2022dismissed as rejected

Kuddus Mondal v. State Of West Bengal

2022-12-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 5698 of 2022 08.12.2022 Sl.28 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No.277 of 2022 dated 13/07/2022 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Kuddus Mondal ....petitioner.

Mr. Sumanta Das ... for the petitioner Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya ... for the State.

Petitioner prays for anticipatory bail.

Commercial quantity of narcotics was seized from the vehicle belonging to the petitioner.

In such circumstances, constructive possession of the petitioner over the commercial quantity of narcotics seized cannot be overlooked at this stage.

Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

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

C.R.M. (A) 5698 of 2022 is dismissed.

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