Dismissed

Jahangir Mondal v. State of West Bengal

Calcutta HC13 Jan 2022CRM/6750/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC connected with NDPS charges, the High Court found that investigation was continuing and prima facie involvement could not be ruled out. Consequently, the court declined to exercise discretion in favour of the petitioner and dismissed the application.

What did the court decide?

The application for anticipatory bail under Section 438 CrPC was dismissed.

Jahangir Mondal Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

¶1

CRM No.6750 of 2021 Via video conference

¶2

13.01.22 (S.R.) In re: An application for anticipatory bail under Section 438 of the Sl.294 Code of Criminal Procedure filed in connection with Hili Police Station Ct.32 Case No.133 of 2021 dated 01/07/2021 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act (Special Case No.52 of 2021);

¶3

And

¶4

In re: Jahangir Mondal … petitioner. Mr. Kaushik Chaudhury …for the petitioner. Mr. S.G. Mukherjee, PP Mr. Binay Panda Ms. Puspita Saha … for the State.

¶5

Mr. Chaudhury, learned advocate appearing for the petitioner submits that there was no recovery of contraband substance from the possession of the petitioner and that his name has transpired on the basis of the co-accused statements. In view thereof, the rigours of Section 37 of the NDPS Act are not attracted and he may be granted anticipatory bail on any stringent condition.

¶6

Ms. Saha, learned advocate appearing for the State opposes the petitioner’s prayer and submits that the petitioner is involved in narcotic trade and has antecedents. In view thereof and as the investigation is still in progress, the petitioner is not entitled to the relief, as prayed for.

¶7

In reply, Mr. Chaudhury submits that in one criminal case there was no recovery of contraband substance from the possession of the petitioner and in the other, narcotic substance was recovered from his house. However, none of his family members were apprehended.

¶8

Considering that investigation is still continuing and as, prima facie, the involvement of the petitioner in narcotic trade and the possibility of his absconsion cannot be totally ruled out, we are not

¶9

¶10

inclined to exercise any discretion in his favour.

¶11

The application for anticipatory bail being CRM No.6750 of 2021

¶12

is, accordingly, dismissed.

¶13

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

¶14

(Md. Nizamuddin, J.) (Tapabrata Chakraborty, J.)

Jahangir Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Jahangir Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhaben Roy and Anr. Vs State of West Bengal

Md. Niyazuddin Vs State of West Bengal

Nilkamal Ghosh Vs State of West Bengal

Sonu Tiwari@ Sonu Kumar Tiwari Vs State of West Bengal

Fuleswari Barman@Patli Barman Vs State of West Bengal

Bapi Ghosh Vs State of West Bengal