Safikul Sekh @ Safikul Islam And ORS v. State Of West Bengal And ANR

(Via Video Conference) 12.08.2021 Court No.28 Item No. PB - 285 nandy CRM 1600 of 2021 In Re:- An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 08.02.2021 in connection with Special Case No. 16 of 2015 (ref:- S.I.'s S.L. No. 77/2014-15 dated 19.02.2015) of Excise, Manikchak Circle under Sections 8(b)/18 of the Narcotic Drugs & Psychotropic Substances Act.

and In the matter of: Safikul Sekh @ Safikul Islam & Ors. ......Petitioners Mr. Mounick Ghosh, Advocate ......for the Petitioners Mr. Neguive Ahmed, Advocate Mr. Rana Mukherjee, Advocate Ms. Trina Mitra, Advocate ......for the State (antibail - granted) Apprehending arrest in connection with Special Case No. 16 of 2015 (ref:- S.I.'s S.L. No. 77/2014-15 dated 19.02.2015) of Excise, Manikchak Circle under Sections 8(b)/18 of the Narcotic Drugs & Psychotropic Substances Act, the petitioners have filed the instant application for anticipatory bail. A case under Section 18 of the NDPS Act was initiated against 27 persons alleging, inter aia, that they were cultivating poppy plants illegally at 6 different dag numbers. No person was arrested from the spot, where cultivation of poppy was allegedly going on. The Investigating Agency collected the names of the plot holders from the Revenue Inspector and Amins of the office of local B.L.&L.R.O.. The said Revenue Inspector an Amins are not parties to the said proceeding. There is absolutely no evidence collected against

the petitioners that they were engaged in cultivating poppy in their plot of lands.

For the reasons stated above, we find that the petitioners are entitled to the benefit of anticipatory bail. Thus, the prayer of anticipatory bail is allowed. Accordingly, in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and on condition as laid down under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioners shall attend the trial Court on every date of hearing until further order. The application for anticipatory bail being CRM 1600 of 2021 is thus disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)