Anisur Rahaman @ Tutul Sk v. The State Of West Bengal

28.03.2024 Item No.12 Ct. No. 29 CHC Allowed C.R.M.(A) 1045 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 399 of 2023 dated 13.09.2023 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act. 1985, pending before the Learned Additional District & Sessions Judge, 2nd Court cum Judge Special Court under the N.D.P.S. Act at Berhampore, Murshidabad. And In the matter of : Anisur Rahaman @ Tutul Sk ...... petitioner Mr. Arnab Chatterjee, Ms. Poulami Bose ....for the petitioner Mr. Arani Bhattacharyya ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet against the petitioner on the basis of the statement made by the co-accused while in custody.

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

In such circumstances, we are of the view that, petitioner is able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Consequently, we grant anticipatory bail to the petitioner. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 28 th of March 2024 02:20:04 PM

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 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 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. CRM(A) 1045 of 2024 is disposed of.

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