Aliar Mondal @ Boltu @ Aliyar Hossain v. State Of West Bengal

C.R.M. (A) 979 of 2023 21.03.2023 Sl.1 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No.60 of 2023 dated 06.02.2023 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Aliar Mondal @ Boltu @ Aliyar Hossain ....petitioner.

Ms. Minoti Gomes ... for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Ms. Sonali Das ...for the State.

Petitioner prays for anticipatory bail.

Report as called for the by the order dated March 13, 2023 filed in Court be taken on record.

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

Police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. The report states that there is a previous police compliant as against the petitioner in respect of which, the petitioner was in jail for about four years.

His brothers apparently are also involved in police cases. Since the police at this stage are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics, we are of the view that the petitioner is able to

overcome the restrictions under Section 37 of the NDPS 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 979 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)