← Library
Calcutta High CourtCRM (A)/2366/2025allowed

Md Tausif Reza @ Md Tousif Reza v. State Of West Bengal

2025-11-06Hon'Ble Justice Jay Sengupta2 pages

06.11.2025 Court No.28 Item No.5 tbsr Allowed CRM (A) 2366 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goalpokhar P.S. Case No.607 of 2024 dated 18.11.2024 under Sections 8(c)/21(c)/22(c)/25/28/29 of the NDPS Act. And In the matter of: Md. Tausif Reza @ Md Tousif Reza ....Petitioner.

Mr. Arnab Chatterjee Mr. Amit Roy Mr. Anish Tiwari ...for the petitioner Mr. Ranadeb Sengupta Ms. Ratna Ghosh ....for the State Heard the learned counsels for the parties.

Perused the case diary.

It appears that the petitioner had a valid license to deal with the drugs in question. The only question raised by the Investigating Agency is that whether the petitioner was having the invoices for the huge amount of drugs that were seized from him. Learned counsel appearing on behalf of the petitioner, upon instruction by his client, who is present in Court, submits that on the date of seizure all documents were seized by the Investigating Officer. Considering the fact that the petitioner's licence for dealing with the drugs is a valid one, he has been able to rebut the restriction contained in Section 37 of the NDPS Act and in view of the materials

available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

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, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall not threaten or intimidate witnesses and shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court.

The application for anticipatory bail is, thus, allowed. The personal appearance of the Investigating Officer is noted and is dispensed with.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)