Md. Safiullah v. The State Of West Bengal

24.11.2020 Item No.22 Ct.No.11 dc.

Rejected C.R.M. 5593 of 2020 CRAN 1 of 2020 (Old No. CRAN 3949 of 2020) CRAN 2 of 2020 (Old No. CRAN 3950 of 2020) (Through Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NDPS Case No. 14/2018 arising out of Kotwali P.S. Case No. 305 of 2018 dated 21.04.2018 under Sections 20(b)/25 NDPS Act, 1985.

And In the matter of : Md. Safiullah ... Petitioner.

Mr. J. K. Bhowmik ... For the Petitioner.

Mr. Nilay Chakraborty, Mr. Sourav Ganguly ... For the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

The learned advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case and the vehicle which has been alleged to carry the offending contraband has nothing to do with the present petitioner. We find from the records of this case that a co-ordinate Bench of this Court was pleased to call for a report from the Investigating Officer of the case. Report, so called for, has

been presented before this Court today. Let the said report be kept with the record.

On perusal of the said report submitted by the Investigating Officer and the earlier order passed by a single Bench of this Court in an application under Section 482 of the Code of Criminal Procedure preferred at the instance of the petitioner, we are of the opinion that this is not a fit case for extending the privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

CRM 5593 of 2020 and the connected applications being CRAN 1 of 2020 (Old No. CRAN 3949 of 2020) and CRAN 2 of 2020 (Old No. CRAN 3950 of 2020) are disposed of.

(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)