Moji Ali @ Majid Mahammad v. State Of West Bengal

01.10.2021 tkm/ct 29 C.R.M. 2769 of 2021 sl no. 497 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hemtabad P.S Case no. 192 of 2020 dated 19.9.2020 under sections 21(b) of the NDPS Act And Allowed In Re : Moji Ali @ Majid Mahammad ...... petitioner Mr. Kaushik Chakraborty Ms. B Khatun ...... for the petitioner Mr. S Bardhan Ms. M Sharma ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that no contraband was recovered from the possession of the petitioner. Since police submitted charge sheet, custodial interrogation of the petitioner is not necessary.

Learned advocate for the State opposes the prayer for anticipatory bail.

Considering the fact that no contraband was recovered from the possession of the petitioner, we are of the opinion that petitioner has been able to rebut the presumption under section 37 of the NDPS Act.

Since police submitted charge sheet, we are inclined to 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/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 2769 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)