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Calcutta High CourtCRM/326/2021dismissed

Selim Hossain @ Salim Hossain v. The State Of West Bengal

2021-09-21Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Abhijit Gangopadhyay3 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 21.09.2021 AT JALPAIGURI Court No.01 Item No. 46 Rejected Krishnendu CRM 326 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Selim Hossain @ Salim Hossain Petitioner Mr. Sudip Guha For the Petitioner Mr. Ujjwal Luksom Mr. Sourav Ganguly For the State Apprehending arrest in connection with Sahebganj Police Station Case No. 586 of 2019 dated 28.11.2019 under section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, the petitioner has filed the present application.

Mr. Guha, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No contraband substance was recovered from his possession. He is the owner of the motor bike and as such he has been roped in on the basis of mere suspicion.

Mr. Ganguly, learned advocate appearing for the State, opposes the petitioner's prayer and draws our attention to several documents in the case diary. He further submits that contraband substance was recovered from the motor bike of which the petitioner is the owner and the person driving the motor bike fled away from the place of occurrence. However, the documents pertaining to ownership of the motor bike were recovered from the house of the petitioner herein. Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, as the petitioner is the owner of the motor bike and the documents pertaining to the same were recovered from his house and as the case involves recovery of contraband substance, above commercial quantity, we are of the opinion that rigors of section 37 of the N.D.P.S. Act are attracted. In view thereof, the prayer for anticipatory bail is refused.

The application for anticipatory bail, being C.R.M. No. 326 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J) (Tapabrata Chakraborty, J)