Ganesh Paswan v. State Of West Bengal

20.04.2023 Serial no. 05 [Dd] (Anticipatory bail) (Allowed) CRM (A) 1542 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kulti Police Station Case No. 548 of 2022 dated 27.08.2022 under Sections 20(b)(ii)(B) of the NDPS Act, 1985.

-AndIn the matter of : Ganesh Paswan ... ... Petitioner Ms. Pramita Banerjee, Advocate ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Report as called for by the order dated April 13, 2023 filed in Court be taken on record.

Intermediate quantity of narcotic was seized form the mother of the petitioner. Seizure took place on August 27, 2022. There are call details recording between the petitioner and his mother till August 25, 2022.

It is natural for the son and his mother to speak with each other on the mobile phone. No other incriminating material is shown to us to suggest a nexus between the petitioner and his mother relating to intermediate quantity of narcotics seized. In such circumstances, 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/- (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 report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1542 of 2023 is disposed of.

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