Motiar Sekh@Motiar Molla@Sultan Sekh v. State Of West Bengal

02.12.2021 Court No.32 Item No. 472 Krishnendu Allowed C.R.M. 1442 of 2021 With C.R.A.N. 1 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Motiar Sekh @ Motiar Molla @ Sultan Sekh Petitioner Mr. Sekhar Basu Mr. Antarikhya Basu Ms. Madhumita Basak For the Petitioner Mr. Sanjoy Bardhan Ms. Manisha Sharma For the State Apprehending arrest in connection with Jibantala Police Station Case No. 304 of 2020 dated 18.06.2020 under Sections 20(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the present application has been preferred.

Mr. Basu, learned senior advocate appearing for the petitioner submits that no contraband substance was recovered from the possession of the petitioner and his name has transpired on the basis of the statement of a co-accused person. Upon completion of investigation, charge sheet has also been submitted and as such custodial interrogation of the petitioner is not necessary.

Mr. Bardhan, learned advocate appearing for the State opposes the petitioner's prayer and submits that the petitioner was implicated in a criminal proceeding earlier. However, he has been acquitted in that case. The charge sheet was submitted on 12th December, 2020 showing the petitioner as an absconder.

Mr. Basu, in reply, submits that the warrant of arrest has not been executed and he has not been declared as a 'proclaimed offender'.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary and as no contraband substance, above commercial quantity, has been recovered from the petitioner and since his name has transpired on the basis of the statement of a coaccused person, we are of the opinion that the rigours of section 37 of the N.D.P.S. Act are not attracted and as such the petitioner's prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioner, namely, Motiar Sekh @ Motiar Molla @ Sultan Sekh, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with further directions that the petitioner shall reside within the jurisdiction of Jibantala Police Station and shall attend the learned trial court on all the dates, as specified for hearing and shall not intimidate the

witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further reference to this Court. With the aforesaid observations, the application for anticipatory bail, being CRM No. 1442 of 2021 and the connected application, being C.R.A.N. 1 of 2021, are disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J) (Tapabrata Chakraborty, J)