Calcutta High CourtCRM (A)/5498/2023dismissed as rejected

Akbar Ali Mandal v. The State Of West Bengal

2024-02-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

05.02.2024 Ct. No. 29 gd/ssd C.R.M.(A) 5498 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kumarganj Police Station Case No. 346 of 2022 dated 24.10.2022 under Sections 21/22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re: Akbar Ali Mandal.

...... petitioner Mr. Anindya Ghosh ....for the petitioner Mr. Ashok Das ....for the State Commercial quantity of narcotics was seized from the house belonging to the petitioner.

Consequently, constructive possession of the petitioner over such seized commercial quantity of narcotics cannot be overlooked.

We are therefore of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

This application for anticipatory bail is, thus, rejected. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)