Abdul Malik And ANR v. State Of West Bengal

24.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 317 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 670 of 2019 dated 16.10.2019 under Section 27(a) of the Drugs and Cosmetics Act, 1940 and Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Abdul Malek @ Abdul Malik & Anr.

...... petitioners Mr. Kalidas Saha ....for the petitioners Mr. Avishek Sinha ....for the State The State did not oppose the claim for parity with the other co-accuseds, who were enlarged on anticipatory bail by the orders dated December 8, 2022 passed in CRM(A) 5709 of 2022 and on January 2, 2023 passed in CRM(A) 6033 of 2022. Police filed charge-sheet.

Police, at this stage, are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody. Consequently, the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners 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 petitioners 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.)