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Calcutta High CourtCRM/6920/2020rejected

Asgar Sk @ Asgar Sekh v. State Of West Bengal

2020-09-21Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Tirthankar Ghosh2 pages

CRM 6920 of 2020 With IA No.CRAN/1/2020 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Nalhati Police Station Case No. 395 of 2019 dated 30.11.2019 under Section 21(b)/22(b) of the NDPS Act.

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Ct. 11 21.09.2020 Asgar Sk. @ Asgar Sekh Vs.

The State of W. B.

Mr. Jahangir Hossain .....For the Petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ......For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through videoconference on the basis of such undertaking.

The learned advocate for the petitioner submits that the petitioner has been implicated in this case on the basis of the false statement. The learned advocate for the petitioner further submits that custodial detention of the petitioner may not be warranted in the facts and circumstances of the present case.

The learned advocate for the State opposes the prayer for anticipatory bail and submits that investigation is still under progress.

We have considered the materials on record and more particularly the involvement of commercial quantity of ganja.

Having considered the materials on record and the present stage of the case, we are of the opinion that custodial detention of the petitioner would be required by the Investigating Agency. Accordingly, the prayer for anticipatory bail is rejected. CRM 6920 of 2020 and CRAN 1 of 2020 are disposed of. (Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)