Riyaz @ Riyazul Sekh v. State Of West Bengal

C.R.M. (A) 1668 of 2023 01.05.2023 Sl.12 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.1291 of 2022 dated 17.08.2022 under Sections 21(c)/29 of the Narcotics Drugs and Psychotropic Substances Act.

And In the matter of: Riyaz @ Riyazul Sekh ....petitioner.

Mr. Priyankar Ganguly Ms. Shalini Bairagi ... for the petitioner.

Mr. Ranadeb Sengupta ...for the State.

Report as called for by the order dated April 20, 2023 filed in Court be taken on record.

The report states that, the police are unable to show any call details recording between the petitioner and the person arrested with the commercial quantity of narcotics.

No recovery was made from the petitioner.

The petitioner is being proceeded against on the basis of the statement of the co-accused made while in custody. In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. 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 subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1668 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)