Murshid Ali @ Mursid Mandal v. State Of West Bengal

06.03.2024 Item No.35 Ct. No. 29 CHC Allowed C.R.M.(A) 593 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 13 of 2024 dated 10.01.2024 under Sections 21(c)/22(c)/23(c)/27/28 of the Narcotic Drugs and Psychotropic Substances Act. And In the matter of : Murshid Ali @ Mursid Mandal ...... petitioner Ms. Busra Khatun ....for the petitioner Mrs. Amita Gaur ....for the State Report submitted in Court be taken on record. Report does not show any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics. However, there are three criminal antecedents so far as the petitioner is concerned. In one of the police complaint, petitioner was released on anticipatory bail. In such circumstances, we are of the view that, 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/- (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 will report before the Investigating Officer once in a week till the conclusion of investigation and on condition that 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. CRM(A) 593 of 2024 is disposed of.

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