Calcutta High CourtCRM (A)/1874/2023allowed

Emu Mia @ Abdul Rahaman v. State Of West Bengal

2023-05-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

15.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1874 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 236 of 2023 dated 02.03.2023 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Emu Mia @ Abdul Rahaman ...... petitioner Mr. Mazhar Hossain Chowdhury ....for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P.

Mrs. Sonali Das ....for the State Report as called for by the order dated May 3, 2023 filed in Court be taken on record.

Police at this stage are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics.

Police apparently are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody.

In such circumstances, we are of the view that 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once in a week till the conclusion of 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)