Calcutta High CourtCRM (A)/4/2024dismissed as rejected

Surajit Das v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.01.2024 Item No.21 Ct. No. 29 CHC Rejected C.R.M.(A) 4 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 220 of 2023 dated 12.10.2023 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Surajit Das ...... petitioner Ms. Jeenia Rudra ....for the petitioner Mr. Debasish Roy, Ld. P.P.

Mr. Rudradipta Nandy, Ld. A.P.P.

Ms. Sonali Das ....for the State Petitioner prays for anticipatory bail.

A SIM standing in the name of the petitioner was used in the transaction with regard to commercial quantity of narcotics. Apparently, the person arrested with the commercial quantity of narcotics was issued a SIM card in the name of the petitioner. In such circumstances, complicity of the petitioner in the incident cannot be overlooked. Petitioner cannot be said to be able to repeal the presumptions under Section 37 of the N.D.P.S. Act.

Consequently, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 4 of 2024 is disposed of.

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