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2025 DAILYLAW 36000 (CAL)

SADDAM HOSSAIN @ ALI v. STATE OF WEST BENGAL

CRM (A)/2852/2025 · 2025-09-11

Jay Sengupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.09.2025 Court No.28 Item No.36 ssi CRM (A) 2852 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Balurghat PS Case No.782 of 2024 dated 20.09.2024 under Sections 21 (c )/22(c)/ 23 (c )/ 27A/28/29 of NDPS. And In the matter of: Saddam Hossain @ Ali ….Applicant/Petitioner. Ms. Busra Khatun …for the petitioner Mr. Rudradipta Nandy, Ld. APP Ms. Debanshu Ghorui ..for the State Learned counsel appearing on behalf of the petitioner submits that apart from the statement of the co-accused, which is inadmissible in evidence, there is no other incriminating materials available in the present petitioner. Learned Additional Public Prosecutor representing the State strongly opposes the prayer for anticipatory bail. He refers to a statement of a witness at page 206 and submits that the petitioner had taken the motorbike in question from the said witness and tried to transport the contraband with it. When the motorbike was intercepted, the other accused including the present petitioner fled away. The matter is pending at the stage of evidence. Considering the above and the other incriminating materials available in the case diary and the restriction contained in Section 37 of the NDPS Act, I do not consider this is to be a fit case for granting anticipatory bail. 2 Accordingly, the application for anticipatory bail to the petitioner is rejected. (Jay Sengupta, J.)