Rajib Mandal v. The State Of West Bengal

22.05.2024 Ct. No. 03 S.D.

Allowed C.R.M.(A) 1608 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 430 of 2024 dated 07.04.2024 under Sections 21(c)/25/27A/29 of the N.D.P.S. Act, 1985 pending before the learned Judge Special Court, Additional District Judge, 4th Court, Malda.

And In the matter of: Rajib Mandal .........petitioner Mr. Abhinaba Mukherjee Ms. Reshmi Khatun ...for the petitioner Mr. Arindam Sen Mr. Prakash Mishra .... For the State Report as called for by the order dated May 7, 2024 filed in Court be taken on record.

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

In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the N.D.P.S. 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/-, with two sureties of like amount each, to the Signed By :

Surojit Das High Court of Calcutta 23 rd of May 2024 04:54:30 AM

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 will report before the Investigating Officer once a week till the conclusion of the investigation. 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 23 rd of May 2024 04:54:30 AM