Calcutta High Court (Appellete Side)
Saddam Hossain vs Unknown on 1 April, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
CRM (A) 1490 of 2022 01.04.2022
In Re: - An application for anticipatory bail under Section 438 of the Sl. 06 Code of Criminal Procedure in connection with Gangarampur P.S. Court No.29 Case No. 119 of 2022 dated 03/02/2022 under Sections 22(C)/29 of suvayan (Rejected) the Narcotic Drugs and Psychotropic Substances Act read with Section 27A of the Drugs and Cosmetics Act.
And In the matter of: Saddam Hossain ....petitioner.
Mr. Kaushik Chaudhury Ms. Busra Khatun ... for the petitioner.
Mr. Sanjay Bardhan Mr. Baishakhi Chatterjee ...for the State.
Petitioner seeks anticipatory bail. Learned Advocate appearing for the petitioner submits that no recovery was made from the possession of the petitioner. The petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody.
Learned Advocate appearing for the State submits that apart from the statement of the co-accused made while in custody, implicating the petitioner, there are call details recording of the mobile phone number used by the petitioner and the co-accused from whom commercial quantity of narcotic was seized.
Consequently, in view of the call details recording, we are of the view that the petitioner is unable to rebut the presumption of the Section 37 of the NDPS Act, 1985.
Consequently, we are unable to grant anticipatory bail to the petitioner.
The application for anticipatory bail, being CRM (A) 1490 of 2022, is rejected.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.) 2