Pavan Yadav v. the State of West Bengal
Case brief
What is this about?
Calcutta High Court Circuit Bench at Jalpaiguri, 25.04.2024; CRM (A) 290 of 2024; anticipatory bail S.438 CrPC rejected in NDPS Case No. 47 of 2021 (Alipurduar Range Prevention Unit, SI SL No. 02/21-22, 25.07.2021) under S.20(b)ii(c) NDPS Act; petitioner Pavan Yadav (counsel Supriya Debnath); investigation completed, implication based on co-accused statements; State counsel Aniruddha Biswas and Aditi Shankar Chakraborty ld. APP; 460.11 kg ganja recovered from metal-welded secret chamber in container, cut open by welding machine, commercial quantity; S.37 NDPS statutory restriction not rebutted; discretion under S.438 not exercised; prayer rejected; application dismissed; bench Soumen Sen, J and Partha Sarathi Sen, J.
What did the court decide?
This Court held that the petitioner was unsuccessful in rebutting the statutory restriction under Section 37 of the NDPS Act.