Calcutta High CourtCRM (A)/6104/2022dismissed as rejected

Kamrul Sk @ Shaikh v. State Of West Bengal

2023-01-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 6104 of 2022 18.01.2023 Sl.4 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No.170 of 2022 dated 08.05.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Kamrul Sk. @ Shaikh ....petitioner.

Mr. Asraf Mandal ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

Petitioner prays for anticipatory bail.

Report as called for by the order dated January 3, 2023 filed in Court be taken on record.

The report discloses that the family members of the petitioner are involved in number of cases relating to NDPS Act. In such circumstances, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 6104 of 2022 is dismissed.

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