Sujan Mondal v. The State Of West Bengal

19.04.2024 Item No.48 Ct. No. 29 CHC Allowed C.R.M.(A) 1330 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 187 of 2022 dated 25.09.2022 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the Learned Additional District and Sessions Judge, 3rd Court cum Learned Special Judge under NDPS Act, Dakshin Dinajpur at Balurghat. And In the matter of : Sujan Mondal ...... petitioner Mr. Kaushik Choudhury, Ms. Busra Khatun ....for the petitioner Mr. Sudip Kumar ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet.

Claim for parity with other co-accused who was granted anticipatory bail is not being disputed on behalf of the State. Police at this stage are unable to demonstrate any nexus between the petitioner and the person arrested with commercial quantity of narcotics and/or seized commercial quantity of narcotics.

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

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of April 2024 05:33:46 PM

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 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. CRM(A) 1330 of 2024 is disposed of.

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