Calcutta High CourtCRM (A)/730/2023allowed

Sanaul Sk@Senaul And ANR v. State Of West Bengal

2023-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2023 Serial no. 17 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 730 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 03 of 2023 dated 02.01.2023 under Sections 27A/29 of the NDPS Act.

-AndIn the matter of : Sanaul Sk. @ Senaul & Anr. ... ... Petitioners Mr. Arup Kumar Bhowmick, Advocate ... ... For the Petitioners Mr. Saryati Dutta, Advocate ... ...For the State Report as called for by the order dated February 17, 2023 filed in Court be taken on record.

The police, at this stage, are unable to demonstrate any nexus between the petitioners and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics.

In such circumstances, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that 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, 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 petitioners shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 730 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)