Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband

The accused is facing proceedings instituted under Section 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act).

The Court took on record a report of October 30, 2022 submitted by the State in terms of an earlier order of September 28, 2022 whereby the State was directed to establish the existence of a nexus between the bail applicant and individual arrested with the commercial quantity of narcotics and whereupon the Bench took stock of the finding therein recording the existence of call details between the bail applicant and the individual arrested with the commercial quantity of narcotics.

Deeming the said recording of call details as a nexus between the bail applicant and the individual arrested with the commercial quantity of narcotics, the Court ruled:

"Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985."

The application for anticipatory bail was accordingly rejected.

A Division Bench of the High Court had earlier by an order of January 28, 2022 said,

"It is for the petitioner to establish by cogent and unimpeachable evidence that he was not in conversation or contact with the arrested co-accused through the mobile phones which the NCB relies upon to claim nexus between the petitioner and the other co-accused and the conspiracy between them. Given the mandate of Section 37 of the NDPS Act in the facts of the present case, the petitioner has failed to discharge such onus."

Case title: In the matter of: Bapi Sk @ Bapi Sekh, C.R.M. (A) 4585 of 2022

Order date: 31.10.2022

Citation: 2022 LiveLaw (Cal) 328 

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