Pradeep Pal@Prodip Pal v. State Of West Bengal

11.08.2022 Serial no.4 Aloke CRM (A) 3565 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. 159 of 2022 dated 08.07.2022 under Sections 21C/22C/23C/27A of the NDPS Act.

-AndIn the matter of : Pradeep Pal @ Prodip Pal ... ... Petitioner Mr. Amanul Islam, Advocate Mr. Arup Sarkar, Advocate Mr. Sourav Mukherjee, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Report as called for by the order dated August 8, 2022 filed in Court be taken on record.

The report speaks of the police taking the call details of mobile phone of Moinul Mandal and Pradip Paul. The police are unable to provide any call details recording between those two persons. It is claimed by the police that the two persons used to meet physically.

At this stage, the police are unable to establish any nexus between the petitioner and the person arrested with the commercial quantity of narcotics as also the seized commercial quantity of narcotics.

No narcotic was seized from the possession of the petitioner.

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 condition that the petitioner shall meet the Investigating Officer once in a week 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) 3565 of 2022 is disposed of.

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