Tutul Sk @ Tutul Mondal v. The State Of West Bengal
12.03.2025 Ct. No. 26 S.D.
Allowed C.R.M.(A) 636 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur Police Station Case No. 675 of 2024 dated 07.12.2024 under Sections 21(C)/29 of the NDPS Act, 1985 pending before the learned Additional District and Sessions Judge, 2nd Court under the NDPS Act at Berhampore, Murshidabad.
And In Re : Tutul Sk @ Tutul Mondal ...... petitioner Mr. Arnab Chatterjee .....for the petitioner Mr. Binoy Kumar Panda Ms. Sreetama Das ...for the State Coordinate Bench by the order dated March 5, 2025 required a further report from the State.
Report submitted by the State in Court be taken on record.
It appears from such report that there exists two genuine drug licences in favour of the petitioner before us. State contends that the third drug licence of the petitioner is fake. At least two drug licences of the petitioner are found to be genuine by the State.
Police seized commercial quantity of contraband from a vehicle. Police received information that the petitioner is involved in such commercial quantity of contraband. Since at least two drug licences of the petitioner were found to be genuine by the State, we are of view that the
petitioner is able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.
Consequently, we 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/-, 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 482 (2) of the B.N.S.S., 2023. The petitioner will report before the Investigating Officer once a week till the conclusion of the investigation. The petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Smita Das De, J.)