Pantho Mondal @ Pranta Mondal @ Pranto Mondal v. State Of West Bengal

30.01.2024 Serial no. 47 Anticipatory bail [Allowed] Dd CRM (A) 266 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 239 of 2023 dated 04.11.2023 under Sections 22(c)/23(c)/27A of the NDPS Act, 1985. (G.R. Case No. 2223 / 2023 ) -AndIn the matter of : Pantho Mondal @ Pranta Mondal @ Pranto Mondal ... ... Petitioner Mr. Kaushik Chowdhury, Ms. Busta Khatun, Advocates ... ... For the Petitioner Mr. Neguive Ahmed, APP Mr. Arup Sarkar, Advocates ... ...For the State Apparently, police are proceeding against the petitioner on the basis of the statement of the co-accuseds made while in custody.

Police are unable to show any nexus between the petitioner and the seized commercial quantity of narcotics and/or the arrested co-accuseds.

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/- (Rupees Ten Thousand Only), 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 further condition that the petitioner shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 266 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)