Sentu Sk. And ORS v. State Of West Bengal

C.R.M. (A) 1118 of 2023 05.04.2023 Sl.5 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.27 of 2023 dated 17.01.2023 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Sentu Sk. & Ors.

....petitioners.

Mr. Jisan Iqbal Hossain ... for the petitioners.

Mr. Ranadeb Sengupta Mr. Sandip Chakraborty ...for the State.

Petitioners pray for anticipatory bail.

Report as called for by the order dated March 28, 2023 filed in Court be taken on record.

There is a police case as against the second petitioner in which he is on bail.

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

Police are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody. Consequently, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Therefore, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a week till the conclusion of the investigation and on 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1118 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)