Neharul Hoque v. State Of West Bengal

30.01.2024 469(ML) Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5186 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 106 of 2022 dated 12.02.2023 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act read with 341/353/34 of the Indian Penal Code.

And In Re : Neharul Hoque @ Neherul Hoque ...... petitioner Mr. Parvej Alam ...for the petitioner Mr. Rudradipta Nandy Mr. Dipankar Mahata ...for the State Commercial quantity of narcotics was seized from the dry pond belonging to the father of the petitioner. Statements recorded under Sections 161 of the Cr.P.C. of neighbours implicate the petitioner before us as also his father and his brother to be involved in the business of narcotics. There are criminal antecedents so far as the petitioner is concerned.

In such circumstances, we are of the view that the petitioner is unable to over the restriction under Section 37 of the N.D.P.S. Act, 1985.

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

The application being CRM (A) 5186 of 2023 is dismissed.

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