Kabir Ali @ Kobir Ali v. State Of West Bengal

10.06.2022 cm/ct 28 C.R.M. (A) No. 2524 of 2022 sl no. 114 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nabagram P.S Case No. 32/2022 dated 01.02.2022 under Section 21 ( c )/22/25/27A/28/29 of the NDPS Act.

And Allowed In Re : Kabir Ali @ Kobir Ali ..... petitioner Ms. Sreyashee Biswas Mr. Benajir Hasna ... for the Petitioner.

Mr. Saryati Datta ...... for the State It is submitted on behalf of the petitioner that no narcotic substance was recovered from his possession and he has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits petitioner has criminal antecedents.

In reply, petitioner submits he has been protected by orders of pre arrest bail in these cases.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of Co-accused before police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Hence, we are inclined in granting 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/- 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 condition petitioner shall meet the investigating officer once in a week until further orders.

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

The application being CRM (A) No. 2524 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)