Prasanta Dey v. Union Of India

C.R.M. (A) 2112 of 2023 19.06.2023 Sl. 152 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NDPS Seizure Case No. 02/NDPS/CL/CUS/BCPU/2020-21 dated 12.02.2021 under Sections 20(b)(ii)(C)/29 of the NDPS Act (corresponding to NDPS Special Case No. 29 of 2021).

And In the matter of: Prasanta Dey ....petitioner.

Mr. Ali Ahsan Alamgir Mr. Soumyajit Das Mahapatra Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the petitioner.

Mr. Sagar Saha ...for the Union of India.

Ms. Rajashree Venket Kundalia Mr. Tapan Bhanja ... for the Customs Authority.

1. Heard learned Counsel for the parties.

2. 35kgs. of contraband ganja is alleged to have been seized from one Lalchand Sk., charge-sheeted co-accused person and the present petitioner has been implicated on the basis of the statement of co-accused, namely, Asraful Sk.

3. One Pinaki Mitra who is stated to be on same footing with the petitioner has already been released on anticipatory bail by order dated 17.05.2022 passed in CRM (A) 2039 of 2022 by a co-ordinate Bench of this Court.

4. Learned Counsel for the petitioner submits that there is no record of past criminal antecedent against the petitioner.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, non-recovery of any contraband ganja from his possession, submission of charge-

sheet in the meantime, it is directed that the petitioner shall appear before the learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad, in connection with NDPS Seizure Case No. 02/NDPS/CL/CUS/BCPU/2020-21 dated 12.02.2021 corresponding to NDPS Special Case No. 29 of 2021 within 15 days from today. On his appearance and application for bail he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that i) the petitioner shall appear on each date of substantive hearing during the trial subject to provision of Section 317 Cr.P.C.; ii) he shall not leave the jurisdiction of the trial court without obtaining prior leave of the Court.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2112 of 2023 is disposed of.

8. Learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad is directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)