Rafikul Mia And ANR v. State Of West Bengal

13.11.2019 Sl No.46 KB/GSD Calcutta High Court In the Circuit Bench at Jalpaiguri CRM 983 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed on July 18, 2019. And In Re: Rafikul Mia & Anr.

... ... Petitioners Ms. Suman Sehanabis ... for the petitioners.

Mr. Aditi Shankar Chakraborty Mr. Sourav Ganguly ... ... for the State.

Learned counsel appearing on behalf of the petitioners submits that the only material available against the present petitioners is the statement of a co-accused.

Learned counsel appearing on behalf of the State submits that a commercial quantity of contraband was seized from the accused. When the accused were accosted, six of them including the present petitioners fled away.

Considering the stage of investigation, the materials available in the case diary and in view of the restrictions contained in Section 37 of the NDPS Act, we are not inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail being CRM 983 of 2019 is dismissed.

Certified website copies of this order if applied for, be immediately made available to the parties, subject to compliance with all requisite formalities.

(Jay Sengupta, J.) (Subrata Talukdar, J.)