Kakoli Dutta v. The State Of West Bengal

16.06.2022 SL No.131 Ct. 28 Saswata CRM (A) 2765 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliachak P.S. Case No. 988/2021 dated 15.09.2021 under Sections 21(c)/29 of the NDPS Act, 1985.

And In the matter of: Buddhu @ Hasibur Rahaman ....Petitioner Mr. Tapodip Gupta ...for the Petitioner Mr. Sanjay Bardhan Ms. Debjani Dasgupta ...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.

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 the co-accused before a 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 and may be granted anticipatory bail.

The prayer for anticipatory bail is thus allowed. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees Ten thousand only), with two sureties of like

amount each one of whom must be local, 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.)