Kabir Sk @ Kabir Hossain v. State Of West Bengal

25.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1854 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 731 of 2021 dated 10.10.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Kabir Sk. @ Kabir Hossain ...... petitioner Mr. Jishan Iqubal Hossain ....for the petitioner Mr. Saryati Dutta ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner is sought to be proceeded against on the basis of the statement of a co-accused made while in custody. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. No narcotic was seized from the possession of the petitioner. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the fact that no narcotic was seized from the possession of the petitioner and considering the fact that the police are proceeding on the basis of the statement of the co-

accused made while in custody and considering the view that the police filed charge-sheet, 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 condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)