Durga Barman @ Durgadeb Barman v. The State Of West Bengal

21.02.2024 Item No.17 Ct. No. 29 CHC Rejected C.R.M.(A) 5502 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 813 of 2023 dated 13.10.2023 under Sections 21(c)/22(c)/23(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Durga Barman @ Durgadeb Barman ...... petitioner Mr. Kaushik Choudhury, Ms. Busra Khatun ....for the petitioner Mr. Binoy Panda, Mr. Arindam Sen ....for the State Report as called for by the order dated February 5, 2024 filed in Court be taken on record.

The report demonstrates that, there are call details recording of mobile phone conversation between the petitioner and the person arrested with the commercial quantity of narcotics, in close proximity to the incident. Consequently, we are of the view that, petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 5502 of 2023 is disposed of.

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