Mojibur Rehman @ Majibur Rahaman And ORS v. State Of West Bengal

08.06.2022 Sl. No.92 akd [ALLOWED] C. R. M. (A) 2388 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20.05.2022 in connection with Lalgola Police Station Case No. 830 of 2021 dated 24.12.2021 under Sections 21(c)/29 of the NDPS Act.

And In Re: Mojibur Rehman @ Majibur Rahaman & Anr. ... ... Petitioners Mr. Tapodip Gupta ... ... for the petitioners Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... ... for the State It is submitted on behalf of the petitioners that no narcotic substance was recovered from their possession and they have been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioners and their complicity has transpired from the statement of coaccused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioners have been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Hence, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Mojibur Rehman @ Majibur Rahaman, (2) Asadul Sheikh @ Asadul Haque & (3) Kherul Sheikh

@ Khairul Islam, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)