Komred Sk v. State Of West Bengal

22.12.2022 Serial no. 11 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5930 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Special (NDPS) case no. 29 of 2022 arising out of Ketugram Police Station Case No. 247 of 2022 dated 30.05.2022 under Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Komred Sk ... ...Petitioner Mr. Sujan Chatterjee, Ms. Souparna Sinha, Advocates ... ... For the Petitioner Mr. T. D. Nandy, Mr. Antarikhya Basu, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that no recovery was made from the possession of the petitioner. The petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the fact that there are 14 criminal cases pending against the petitioner. She refers to the materials in the case diary.

Apparently there are 14 criminal cases pending against the petitioner commencing from the year 2011 onwards. The criminal cases involve Arms Act as also the NDPS Act, 1985.

In such circumstances, we are of the view that the petitioner is unable to overcome the presumptions 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) 5930 of 2022 is dismissed.

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