Gautam Prasad v. State Of West Bengal

06.02.2024 Serial no. 93 Anticipatory bail [Rejected] Dd CRM (A) 5555 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 458 of 2023 dated 17.09.2023 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act, 1985.

-AndIn the matter of : Gautam Prasad ... ...Petitioner Mr. Ravi Kumar Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Palash Ch Majhi, Advocates ... ...For the State Petitioner prays for anticipatory bail.

After a length of argument, learned advocate for the petitioner seeks leave to not press the application. Since in the midst of the submissions, we disclosed our mind, we do not deem it appropriate to allow the petitioner the luxury of not pressing the application.

Petitioner before us is the owner of the vehicle. Petitioner claims that the petitioner entered into a contract with Indian Oil Corporation for lease of such vehicle and that such lease was subsisting when the vehicle was seized.

Commercial quantity of narcotic was seized from the vehicle belonging to the petitioner.

Petitioner was in control of the vehicle. Petitioner was paying the salary of the driver of the vehicle.

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

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.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5555 of 2023 is dismissed.

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