Calcutta High CourtCRM (A)/5252/2023dismissed as rejected

Dipak Mandal @ Bhullu v. State Of West Bengal

2024-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

31.01.2024 Serial no. ML 533 Anticipatory bail [Rejected] Dd CRM (A) 5252 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1353 of 2023 dated 12.10.2023 under Sections 21(c)/27A/29 of the NDPS Act, 1985.

(NDPS Case No. 96/2023) -AndIn the matter of : Dipak Mandal @ Bhullu ... ...Petitioner Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick, Advocates ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Commercial quantity of narcotic was recovered from the house of the petitioner. Consequently, constructive possession of the petitioner over the commercial quantity of narcotic seized cannot be overlooked at this stage.

Petitioner is, therefore, unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5252 of 2023 is dismissed.

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