HOGALBERIA POLICE STATION CASE No. 245 of 2021 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(c), 29, 37
Judgment
Mr. Anisur Rahman, Advocate … … For the Petitioner Mr. Binay Panda, Ms. Puspita Saha, Advocates … …For the State Petitioner prays for anticipatory bail. The petitioner apparently is the owner of the motorcycle from where the seizure of the commercial quantity of narcotic was made. Consequently, the constructive possession of the petitioner over the commercial quantity of narcotic cannot be overlooked. In such circumstances, the petitioner is not in a position to rebut the presumption 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) 6105 of 2022 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.