The High Court considered an application for anticipatory bail under Section 438 CrPC in connection with an NDPS case. The court held that the petitioners could not overcome restrictions under Section 37 of the NDPS Act and consequently rejected the prayer for bail.
Prayer for anticipatory bail rejected; application dismissed.
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04.04.2023
Sl.5 Court No.29 (AD) (Rejected)
C.R.M. (A) 1182 of 2023
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 88 of 2023 dated 18.02.2023 under Sections 21(c)/29 of Narcotic Drugs and Psychotropic Substances Act.
And
In the matter of: Zahid Seikh @ Jahid Mondal & Anr. ….petitioners. Ms. Minoti Gomes
… for the petitioners. Mr. Saryati Datta …for the State. Petitioners pray for anticipatory bail.
Report as called for by the order dated March 23, 2023 filed
in Court be taken on record.
The report depicts that, there are phone call details between the petitioners and the person arrested with the commercial quantity of narcotics.
In such circumstances, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
C.R.M. (A) 1182 of 2023 is dismissed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
2
1 issue framed by the court
Whether the petitioners can overcome restrictions under Section 37 of the NDPS Act to be granted anticipatory bail.
3 provisions across 2 enactments
Zahid Seikh @ Jahid Mondal & Anr.
State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
