Calcutta High CourtCRM (A)/5425/2023dismissed as rejected

Doli Barman v. State Of West Bengal

2024-02-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

01.02.2024 Item No.702 Ct. No. 29 PG/KS Rejected C.R.M.(A) 5425 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No.63 of 2023 dated 23.03.2023 under Sections 21(C)/22(C)/ 23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act, corresponding to NDPS Case No.29 of 2023.

And In the matter of : Doli Barman ......Petitioner.

Mr. Biswajit Manna ....for the Petitioner.

Mr. Tanmoy Kr. Ghosh Mr. Santanu Deb Roy ....for the State.

Commercial quantity of narcotics was seized from the house of the petitioner.

Constructive possession of the petitioner over such commercial quantity of narcotics cannot be overlooked at this stage.

Consequently, we are of the view that the petitioner is unable to overcome the restrictions under section 37 of the NDPS Act.

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

Consequently, C.R.M.(A) 5425 of 2023 is rejected. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)