Saheb Mondal v. State Of West Bengal

03.01.2023 Serial no. 46 [Dd] (Anticipatory bail) (Rejected) CRM (A) 6105 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 245 of 2021 dated 29.10.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Corresponding to NDPS case No. 119 of 2021).

-AndIn the matter of : Saheb Mondal ... ...Petitioner Mr. Anisur Rahman, Advocate ... ... For the Petitioner Mr. Binay Panda, Ms. Puspita Saha, Advocates ... ...For the State Petitioner prays for anticipatory bail.

The petitioner apparently is the owner of the motorcycle from where the seizure of the commercial quantity of narcotic was made.

Consequently, the constructive possession of the petitioner over the commercial quantity of narcotic cannot be overlooked. In such circumstances, the petitioner is not in a position to rebut the presumption 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) 6105 of 2022 is dismissed.

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