Pado Ali v. State Of West Bengal

05.03.2021 Court No.28 Item No. 21 Krishnendu Allowed CRM 542 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Pado Ali Petitioner Ms. Zeenia Rudra For the Petitioner Mr. Ranadeb Sengupta For the State Apprehending arrest in connection with Gangarampur P.S. Case No. 469 of 2019 dated 20.12.2019 under section 27(a)(b) of the Drugs and Cosmetics Act, 1940, the petitioner has filed the present application.

Heard the learned advocate appearing for the respective parties and considered the materials in the case diary. It appears that the petitioner's name had transpired on the basis of statements of the co-accused persons, which are inadmissible in evidence. The similarly situated persons had also been enlarged on bail. No recovery was also effected from the petitioner.

In view thereof, we are of the opinion that the provisions of section 37 of the N.D.P.S. Act are not attracted and as such the petitioner's prayer for anticipatory bail is allowed. . Accordingly, we direct that in the event of arrest the petitioner, namely, Pado Ali, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount

each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail, being CRM No. 542 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)