Abdul Kalam Ajad@Kalam Sk v. State Of West Bengal

14.06.2022 cm/ct 28 C.R.M. (A) 2663 of 2022 sl no. 107 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S case no. 1005 of 2021 dated 17.9.2021 under sections 21(c)/29 of the NDPS Act And Allowed In Re : Abdul Kalam Ajad @ Kalam Sk ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. R D Nandy Mr. Antarikhya Basu ......

for the State Having considered the materials on record and bearing in mind the nature of allegations and as no narcotic substance was recovered from his possession and his complicity had transpired from the statement of co-accused before 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 he may be granted anticipatory 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 prays for regular bail within four weeks from date.

The application being CRM (A) 2663 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)