Sabdul Sk v. State Of West Bengal
28.
04-08-2021 (ct. no.32) sb CRM 1939 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No.785 of 2019 dated 30.11.2019 under Sections 18(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
- A n d - In the matter of : Sabdul Sk.
.... Petitioner.
Mr. Mazahar Hossain Chowdhury ... For the Petitioner.
Ms. Faria Hossain, Ms. Baisali Basu ... For the State.
The petitioner is one of two accused persons. The allegation is that intermediate quantity of contraband item (1.2 Kgs of opium poppy) was recovered from the joint possession of the accused persons. The co-accused person has been granted bail by a co-ordinate Bench by an order dated September 29, 2020 passed in CRM 7260 of 2020. Having considered the facts and circumstances of the case and since intermediate quantity of contraband is involved and also in view of the fact that charge-sheet has been submitted, we are of the opinion that immediate custodial interrogation of the petitioner may not be necessary, so long as the petitioner cooperates with further investigation, if any.
Accordingly, 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, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders.
The application for anticipatory bail being CRM 1939 of 2021 is, thus, allowed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )