Rasida Bibi Shekh v. State Of West Bengal

14.02.2022 Serial no. 13 Dd CRM (A) 672 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ramnagar Police Station Case No. 13 of 2022 dated 23.01.2022 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Rasida Bibi Shekh ... Petitioner Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder, Advocates ... ... For the Petitioner Mr. Binoy Panda, Mr. Subham Bhakat, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. No ingredient was recovered from the possession of the petitioner. The petitioner is sought to be proceeded against on the basis of the statements of the co-accused made while in custody. Learned advocate appearing for the State submits that the petitioner is the mother of the co-accused who was apprehended with commercial quantity of narcotic. The coaccused named the petitioner. Considering the fact that no narcotic was recovered from the possession of the petitioner and considering that the petitioner is sought to be proceed against on the basis of the statements of the co-accused made while in custody, we are

of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are inclined to 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 appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that petitioner shall cooperate with the investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 672 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)