Calcutta High CourtCRM (A)/5777/2022dismissed as rejected

Ainul Sk And ANR v. State Of West Bengal

2022-12-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

13.12.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5777 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 344 of 2022 dated 03.08.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Ainul Sk. & Anr.

...... petitioner Ms. Chandrima Debnath ....for the petitioner Mr. Ranadeb Sengupta ....for the State Seizure of commercial quantity of narcotic was made from the house belonging to the petitioners. Seizures were made in several parts.

In such circumstances, the constructive possession of the petitioners over the commercial quantity of narcotic cannot be overlooked.

The petitioners are, therefore, unable to rebut the presumption under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 5777 of 2022 is dismissed.

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