Aruna Bibi v. State Of West Bengal

05.08.2024 SL No.6 Court No.29 (gc) CRM (A) 2190 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Baishnagar Police Station Case No.106 of 2016 dated 19.02.2016 under Section 18(b) of the NDPS Act, 1985, subsequently Baishnabnagar Police Station Charge Sheet No.454/2020 dated 21.09.2020 under Section 18(b) of the NDPS Act. And In the matter of : Aruna Bibi - Petitioner.

Ms. Minoti Gomes, Mr. Imdadul Hoque ....For the Petitioner.

Mr. Anwar Hossain Mr. Abhishek Verma ... For the State.

1. The learned Counsel for the petitioner submits that the petitioner is a widow and was unaware of cultivation of poppy in contravention of any provisions of law and she is medically unfit as well.

2. The learned Counsel for the State submits that the charge-sheet has already been filed and 87 persons have been charge-sheeted out of which 27 persons have died and huge areas have been identified in which poppy cultivation had taken place without proper permission or licence.

3. The learned Counsel for the petitioner submits that considering her health condition she may be given a suitable time within which she shall surrender and pray for regular bail.

4. On the basis of such prayer and considering the circumstances disclosed in the petition read with the case diary, we dispose of

this application by directing the Investigating Agency not to take any coercive measure against the petitioner for a period of fortnight from date.

5. The petitioner shall take appropriate steps in accordance with law in the meantime.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)