Kahabat Sk v. State Of West Bengal
C.R.M. (A) 1194 of 2024 18.4.2024 DL-32 Court No.29 (SD/Srimanta) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No.463 of 2023 dated 19.7.2023 under Sections 21(c)/25/27A/29 of the NDPS Act, 1985.
And In the matter of: Kahabat Sk ....petitioner.
Md. Wasim Akram ...for the petitioner.
Mr. Imran Ali Ms. Rita Datta ... for the State.
Police filed charge sheet.
Police apparently proceeding on the basis of the statements of the co-accused made while in custody.
Police at this stage are 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.
Moreover, two other co-accused on similar circumstances were enlarged on anticipatory bail on February 13, 2024 by a coordinate Bench passed in CRM (A) 5609 of 2023. Under such circumstances, we are of the view that the petitioner is able to overcome the restriction of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. 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/- (Rupees Ten Thousand Only), with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Signed By :
SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 04:14:30 PM
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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
C.R.M. (A) 1194 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 04:14:30 PM