Abaidul Shah @ Ghentu Shah v. The State Of West Bengal

20.05.2024 Item No.17 Ct. No. 29 CHC Allowed C.R.M.(A) 1664 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 347/2023 dated 17.10.2023 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, pending before Ld. Judge, Special Court under NDPS Act, Berhampore.

And In the matter of : Abaidul Shah @ Ghentu Shah ...... petitioner Mr. Jisan Iqubal Hossain ....for the petitioner Ms. Faria Hossain, Mr. Naznut Touhid ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet.

Police apparently at this stage are proceeding on the basis of the statement of the co-accused made while in custody. That apart, police are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics.

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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 21 st of May 2024 04:04:25 PM

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 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. CRM(A) 1664 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)