This application for anticipatory bail was dismissed. The court found prima facie complicity because the petitioner, as a registered vehicle owner, could not explain the recovery of a huge quantity of phensedyl from the car.
The prayer for anticipatory bail is rejected and the application is dismissed.
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34 24-09-2021 (ct. no.32) KOLE
CRM 2789 of 2021
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 379 of 2020 dated 31.10.2020 under Sections 21(c)/29 of the NDPS Act.
The petitioner says that there was no recovery of contraband item from him. Recovery of 1500 bottles of phensedyl was made from a vehicle of which the petitioner happens to be the registered owner.
The State has produced the case diary. We find from the certificate of registration of the concerned vehicle that the petitioner is the owner of the vehicle. The onus is on the petitioner to explain how such a huge quantity of contraband item was found in his car.
In view of prima facie complicity of the petitioner in the alleged offence and keeping in view the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 we are not inclined to entertain the petitioner’s prayer for anticipatory bail.
The prayer for anticipatory bail is rejected.
CRM No. 2789 of 2021 is, thus, dismissed.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who is the registered owner of a vehicle from which contraband was recovered.
Whether there is prima facie complicity of the petitioner in the alleged offence under the NDPS Act.
How the restrictions imposed by Section 37 of the NDPS Act impact the grant of anticipatory bail.
3 provisions across 2 enactments
Toni Shaikh
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
