Rahul Pramanik v. State Of West Bengal

22.4.2024 SL No. 424 Ct No. 29 Srimanta /SB C.R.M. (A) 1302 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hili P.S. Case No. 30 of 2023 dated 05.2.2023 under Sections 21(c) / 22 (c)/ 23 (c) / 27A of the N.D.P.S. Act.

And In the matter of: Rahul Pramanik ....Petitioner Mr. Anindya Ghosh Ms. Sumita Sarkar Mr. Pronojit Roy ...for the Petitioner Mr. Prasun Kumar Dutta Mrs. Shaila Afrin ...for the State

1. Police filed charge sheet.

2. Police at this stage are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics.

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

4. Consequently, we grant anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioners 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. The petitioner shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in Signed By :

SRIMANTA MAJI High Court of Calcutta 23 rd of April 2024 05:37:10 PM

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.

6. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SRIMANTA MAJI High Court of Calcutta 23 rd of April 2024 05:37:10 PM