Safar Ali v. State Of West Bengal

26.04.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 1477 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 451 of 2023 dated 17.10.2023 under Sections 21(C)/29 of the N.D.P.S. Act pending before the learned Additional District & Sessions Judge, 2nd Court cum Judge Special Court under the N.D.P.S. Act at Berhampore, Murshidabad.

And In Re : Safar Ali ...... petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioners Mr. Soumik Ganguli Mr. Mainak Gupta ...for the State Police are proceeding against the petitioner on the basis of a statement of the co-accused made while in custody. It has been submitted that nothing has been recovered from the possession of the petitioner.

Police filed charge sheet.

Police did not find any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and the seized commercial quantity of articles. In such circumstances, we are of the view that the petitioner has been able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Accordingly, we grant anticipatory bail to the petitioner. Signed By :

Surojit Das High Court of Calcutta 26 th of April 2024 04:18:24 AM

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. 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.) Signed By :

Surojit Das High Court of Calcutta 26 th of April 2024 04:18:24 AM