Akash Mondal v. The State Of West Bengal

13.02.2024 543(ML) Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5622 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 174 of 2023 dated 22.09.2023 under Section 21(c)/22(c)/23(c)/27A of the N.D.P.S. Act.

And In Re : Akash Mondal ...... petitioner Mr. Mazahar Hossain Chowdhury ...for the petitioners Mr. Saibal Bapuli Ms. Jonaki Saha ...for the State Petitioner sets up an alibi to claim that the petitioner was not present at the place of occurrence.

Petitioner is the owner of the vehicle from which, commercial quantity of narcotics was seized.

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

Consequently, we are of the view that the petitioner is unable to overcome the restrictions of Section 37 of the N.D.P.S. Act.

Consequently, we are unable to grant anticipatory bail to the petitioner and the prayer for anticipatory bail is rejected.

The application being CRM (A) 5622 of 2023 is dismissed.

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