Tajamul Hoqueand ANR v. State Of West Bengal
22.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3486 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1330 of 2021 dated 28.11.2021 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 27A of the Drugs and Cosmetics Act.
And In Re : Tajamul Hoque & Anr.
...... petitioners Mr. Mazahar Hossain Chowdhury Ms. M. Alam ....for the petitioners Mr. Saibal Bapuli Mr. Soumik Ganguly ....for the State Considering the fact that the petitioners stand on the same footing as that of the other co-accused, who was enlarged on anticipatory bail on April 26, 2022 passed in CRM(A) 1429 of 2022 and considering the fact that the police filed chargesheet and considering the fact that no narcotic was recovered from the possession of the petitioners and the petitioners are sought to be proceeded against on the basis of the statement of the co-accused made while in custody, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we 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/- 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 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.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)