Prasanta Mandal v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 14.05.2024.

18.

as (Rejected).

C.R.M. (A) 402 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Naxalbari P. S. Case No.44 of 2022 dated 22.03.2024 under Sections 21(C)/22(C)/29 of the NDPS Act.

In the matter of : Prasanta Mondal.

... Petitioner.

Ms. Sohini Kundu.

...for the Petitioner.

Mr. Abhijit Sarkar, Mr. Kallol Nag.

.....for the State.

1. Heard the learned Advocates for the parties.

2. We have considered the materials on record. Petitioner contends no narcotics was recovered from his possession. Accordingly, he prays for bail.

3. Learned Advocate for the State opposes the prayer for anticipatory bail. He contends petitioner has criminal antecedents involving in dealing in narcotics. Investigation is in progress.

4. We have considered the materials on record. Narcotics above commercial quantity was recovered from co-accused. Petitioner has criminal antecedents in dealing in narcotics. Possibility of further recovery pursuant to custodial interrogation cannot be ruled out.

5. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)