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Calcutta High CourtCRM (A)/5313/2023dismissed as rejected

Swapan Biswas @ Magha v. State Of West Bengal

2024-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

31.01.2024 Serial no. ML 592 Anticipatory bail [Rejected] Dd CRM (A) 5313 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Krishnagunge Police Station Case No. 163 of 2023 dated 06.05.2023 under Sections 21(C) of the NDPS Act. -AndIn the matter of : Swapan Biswas @ Magha ... ...Petitioner Mr. Chandan Misra, Advocate ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Vehicle containing commercial quantity of narcotic was seized from the house belonging to the petitioner. Local persons claimed that petitioner and the arrested coaccuseds are business partners with regard to narcotics. Constructive possession of the petitioner over the seized commercial quantity of narcotics cannot be overlooked. In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5313 of 2023 is dismissed.

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