Hjabib Molla v. State Of West Bengal

07.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 366 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 297 of 2022 dated 09.12.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Habib Molla ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ....for the State Report as called for by the order dated January 30, 2023 filed in Court be taken on record.

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 rebut the presumptions 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 further condition that the petitioner shall meet the Investigating Officer once a week till the conclusion of the investigation 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.)