Court rejected application for anticipatory bail under Section 438 CrPC in an NDPS case involving commercial quantity of narcotics, ruling petitioner could not overcome restrictions under Section 37.
Prayer for anticipatory bail rejected; application dismissed.
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15.02.2023 Serial no. 06 [Dd] (Anticipatory bail) (Rejected)
CRM (A) 430 of 2023
In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 223 of 2022 dated 11th September, 2022 under Sections 21(c)/29 of the NDPS Act, 1985.
-And-
In the matter of : Sefaluddin Mandal
… …Petitioner
Ms. Debarshi Brahma, Advocate … … For the Petitioner
Mr. Saryati Datta, Advocate
… …For the State
Report as called for by the order dated February 2, 2023 filed in Court be taken on record.
The report demonstrates that there are call details recording of mobile phone calls between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics.
In such circumstances, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.
Consequently, we are unable to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner is rejected . CRM (A) 430 of 2023 is dismissed .
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
1 issue framed by the court
Whether anticipatory bail can be granted despite evidence of commercial quantity of narcotics and call recordings linking the petitioner to the arrest.
3 provisions across 2 enactments
Sefaluddin Mandal
The State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
