Calcutta High CourtCRM (A)/913/2024allowed

Mantu Roy @ Mantu Roy v. State Of West Bengal

2024-03-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.03.2024 Serial no. 03 Anticipatory bail [Allowed] Dd CRM (A) 913 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 30 of 2023 dated 05.02.2023 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to NDPS Case No. 12 of 2023 pending before Ld. Special Court(under NDPS Act) -cum-ADJ, 3rd Court, Dakshin Dinajpur at Balurghat. -AndIn the matter of : Mantu Roy @ Mantu Roy ... ... Petitioner Mr. Kaushik Choudhury, Ms. Busra Khatoon, Advocates ... ... For the Petitioner Md. Kutubuddin, Advocate ... ...For the State Police filed charge sheet.

Apparently police are proceeding on the basis of the statements of the co-accused made while in custody. 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 the seized commercial quantity of narcotics, apart from the statements of the co-accused made while in custody.

In such circumstances, 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 Signed By :

DEBABRATA DAS High Court of Calcutta 18 th of March 2024 01:51:57 PM

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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 913 of 2024 is disposed of.

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