Islam Sk And ANR v. State Of West Bengal

25.07.2022 Serial no. 12 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3186 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 92 of 2022 dated 05.05.2022 under Sections 21(c)/29 of Narcotic Drugs and Psychotropic Substances Act, arising out of NDPS Case No. 115/2022.

-AndIn the matter of : Islam Sk & Anr.

... ... Petitioners Mr. Jisan Iqubal Hossain, Mr. Faijur Rahaman, Advocates ... ... For the Petitioners Mr. Sanjoy Bardhan, Mr. P. Maji, Advocates ... ...For the State The petition is taken up for consideration subsequent to order dated July 7, 2022.

Report as called for submitted in Court be taken on record.

The report does not disclose any nexus between the petitioners and the person arrested with the commercial quantity of narcotic or with the seized narcotic. No narcotic was recovered from the possession of the petitioners. The petitioners are sought to be proceeded against on the basis of the statements of the co-accused made while in custody.

In such circumstances, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 further condition that the petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3186 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)