Sankar Sarkar @ Sankar Roy v. State Of West Bengal

26.07.2022 Serial no. 04 [Dd] (Anticipatory bail) Allowed) CRM (A) 3344 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 263 of 2021 dated 21.11.2021 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Sankar Sarkar @ Sankar Roy ... ... Petitioner Mr. Kaushik Chowdhury, Ms. Busra Khatun, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Report as called for by the order dated July 14, 2022 filed in Court be taken on record.

No narcotic was seized from the possession of the petitioner. The police, at this stage, are unable to establish any nexus between the petitioner and the seized quantity of narcotic as also the co-accused arrested with the commercial quantity of narcotic. The police are seeking to proceed against the petitioner on the basis of the statement of the coaccused 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 NDPS Act, 1985.

Consequently, we are inclined to 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/- (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 further condition that the petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3344 of 2022 is disposed of.

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