Salam Sk@Gonga v. State Of West Bengal

13.12.2021 cm/ct 28 C.R.M. 3936 of 2021 sl no. 18 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S Case No. 383 of 2021 dated 05.04.2021 under Sections 21 ( c)/29 of the Narcotic Drugs & Psychotropic Substances Act.

And Allowed In Re : Salam Sk @ Gonga ..... petitioner Mr. Milon Mukherjee, Ld. Sr. Adv.

Mrs. Sreyashee Biswas Mr. Benajir Hasna ...... for the petitioners Mr. Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ...... for the State It is contended no narcotic substance had been recovered from the possession of the petitioner.

Learned lawyer for the State opposes the prayer for bail. Having considered materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime in the light of the submission that no narcotic substance was recovered from his possession and as his complicity in the alleged offence has transpired from the statement of co-accused before a police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act and may be granted pre-arrest bail. Accordingly, we direct that in the event of arrest, the petitioner 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.

Petitioner shall appear before the court below and pray for regular bail within two weeks from date.

The application being CRM 3936 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)