Habibul Sk v. State Of West Bengal

24.05.2024 Ct. No. 03 S.D.

Allowed C.R.M.(A) 1819 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 312 of 2023 dated 09.10.2023 under Sections 21(c)/29 of the N.D.P.S. Act, 1985 pending before the learned Judge, Special Court, NDPS Act, Krishnagar.

And In the matter of: Habibul Sk .........petitioner Ms. Piyu Mandal ...for the petitioner Mr. Bibhaswan Bhattacharya Ms. Jonaki Das .... For the State Police filed a charge sheet.

Police are proceeding against the petitioner on the basis of a statement of the co-accused made while in custody. 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 satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Signed By :

Surojit Das High Court of Calcutta 25 th of May 2024 01:43:53 AM

Criminal Procedure, 1973. 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 25 th of May 2024 01:43:53 AM