Md. Mahibur Sk. @ Mahidul Sk. @ Maidul Sk. v. State Of West Bengal

27.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1512 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with KaliachakPolice Station Case No.

of dated 05.01.2023 under Sections 27A/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Md. Mahibur Sk. @ Mahidul Sk. @ Maidul Sk. ...... petitioner Mr. Mazhar Hossain Chowdhury, Ms. Mobashshara Alam ....for the petitioner Mr. Sanjoy Bardhan, Mr. Debjani Dasgupta ....for the State Report as called for by the order dated April 11, 2023 filed in Court be taken on record.

Report does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics at this stage.

Consequently, we are of the view that petitioner is able to over the restrictions under Section 37 of the NDPS Act, 1985. We, therefore, 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

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 in a week till the conclusion of 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.)