Allarakha Seikh v. State Of West Bengal

02.02.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5287 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 279 of 2023 dated 24.08.2023 under Section 20(b)(ii)(c)/29 of the NDPS Act. And In Re : Allarakha Seikh ...... petitioner Mr. Sanehasish Ghosh ...for the petitioner Mr. Rudradipta Nandy Mr. Rafikul Islam Mr. Palash Chandra Maiti Ms. Trina Mitra ...for the State Commercial quantity of narcotics was seized from a vehicle of which the petitioner is the owner. Materials in the case diary suggest that the vehicle was modified to house a secret chamber in which the commercial quantity of narcotics was found.

Constructive possession of the petitioner over the seized commercial quantity of narcotics cannot be overlooked. In such circumstances, 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 and the prayer for anticipatory bail is rejected. The application being CRM (A) 5287 of 2023 is dismissed.

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