Ganesh Roy @ Rai v. State Of West Bengal

04.03.2022 Serial no. 07 Dd CRM (A) 928 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 23 of 2022 dated 23.01.2022 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act (Corresponding to Special Case no. 08 of 2022) -AndIn the matter of : Ganesh Roy @ Rai ... Petitioner Ms. Busra Khatoon, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya, Advocates ... ...For the State Report as called for by the order dated February 24, 2022 filed in Court be taken on record.

The report does not depict any nexus between the petitioner and the co-accused arrested with commercial quantity of narcotic at this stage.

Considering the fact that no recovery was made from the petitioner and considering the fact that the petitioner is sought to be proceeded 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 the petitioner shall meet the Investigating Officer once in a fortnight till completion of investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 928 of 2022 is disposed of.

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