Kashem Mia @ Kashim Mia v. State Of West Bengal

09.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 53 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 670 of 2022 dated 30.04.2022 under Sections 22(C)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act. And In Re : Kashem Mia @ Kashim Mia ...... petitioner Mr. Kalidas Saha ....for the petitioner Mr. Saryati Dutta ....for the State The police filed charge-sheet.

At this stage, the police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody.

At this stage, the police are unable to demonstrate any nexus between the petitioner and the person arrested with commercial quantity of narcotic and/or seized commercial quantity of narcotic.

In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)