Hasanur Mondal v. State Of West Bengal

22.04.2021 Court No.28 Item No. 216 Krishnendu ALLOWED C.R.M. 961 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In re: Hasanur Mondal ......Petitioner Mr. Kaushik Choudhury Ms. Busra Khatun .....For the Petitioner Mr. Madhusudan Sur Mr. Ranadeb Sengupta .......For the State Apprehending arrest in connection with Hilli Police Station Case No. 145 of 2020 dated 19.11.2020 under sections 21(c)/22(c)/23(c)/27A/20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, the petitioner has filed the present application.

Heard the learned advocates 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 a statement of a co-accused person, as recorded under section 161 of the Code of Criminal Procedure and there had been no recovery of contraband substance from the petitioner. In view thereof, we are of the opinion that the provisions of Section 37 of the NDPS Act are not attracted and custodial detention of the petitioner is not warranted in the facts and circumstances of the case.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Hasanur Mondal, 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. This order of anticipatory bail will remain in force for a period of eight weeks from date. Within the said period the petitioner shall appear before the learned Special Court under the N.D.P.S. Act, Balurghat, Dakshin Dinajpur and obtain regular bail.

With the aforesaid observations, the application for anticipatory bail, being CRM No. 961 of 2021, is 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.)