Jony Sk @ Kattu v. State Of West Bengal

04.02.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 540 of 2022 (through Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 238 of 2021 dated 30.06.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Jony Sk. @ Kattu ...... petitioner Mr. Jishan Iqubal Hossain ....for the petitioner Ms. Anusuya Sinha Mr. Pinak Kumar Mitra ....for the State Considering the fact that the petitioner is sought to be proceeded against on the basis of the statement of the coaccused made while in custody and considering the fact that no recovery of narcotic substances was made from the possession of the petitioner, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Moreover, the police filed charge-sheet. 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 before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)