Sahin Mondal Alias Sahin Sokh Alias Sahin Sekh v. State Of West Bengal

28.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1258 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 17 of 2023 dated 24.01.2023 under Sections 20(b)/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14A of the Foreigners Act.

And In Re : Sahin Mondal @ Sahin Sokh @ Sahin Sekh ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Sanjib Kumar Daan ....for the State Claim for parity with the other co-accused, who was enlarged on anticipatory bail by the order dated March 13, 2023 passed in CRM(A) 757 of 2023 is not being disputed on behalf of the State.

At this stage, the police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody.

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

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/-, with two sureties of 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 meet 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)