The Court dismissed an application for anticipatory bail under Section 438 CrPC filed by Kamal Ghosh in connection with an NCB narcotics case. The Court rejected the application citing the applicant's absconding and failure to respond to notices as actionable grounds.
Application for anticipatory bail C.R.M. 2194 of 2021 is dismissed.
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09. 22.09.2021 Ct.32 Tanmoy Rejected
C.R.M. 2194 of 2021
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25/02/2021 in connection with NCB Crime No.03/NCB/KOL/2017) dated 21/01/2017 under Sections 18(b) of the N.D.P.S. Act, 1985. (N.D.P.S. Case No. 02/2017). And In the matter of: - Kamal Ghosh …petitioner. Ms. Minoti Gomes, Mr. Kaushik Biswas …for the petitioner. Mr. Y.J. Dastoor, Ld. A.S.G., Mr. Phiroze Edulji, Mr. Sagar Saha …for the U.O.I. The petitioner says that there was no recovery of contraband items from him. His name has transpired from statements made by co-accused persons from whom recovery was made.
Learned Additional Solicitor General appearing for the Narcotics Control Bureau says that four notices under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were sent to the petitioner. He did not respond to any of them. He has been absconding since 2017 when the case was registered. The trial is over and judgment has been delivered.
In view of the aforesaid and the less than helpful conduct of the petitioner, we see no reason to entertain the petitioner’s application for anticipatory bail.
Accordingly, the application for anticipatory bail being C.R.M. 2194 of 2021 is dismissed .
2
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC in a narcotics case where the applicant is absconding and did not respond to notice.
Whether the less than helpful conduct of the applicant warrants rejection of the anticipatory bail application.
3 provisions across 2 enactments
Kamal Ghosh
United Nations Office on Drugs and Crime
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
