Uttam Debnath v. State Of West Bengal

05.07.2022 Serial no. 03 [Dd] (Anticipatory bail) Allowed) CRM 7222 of 2021 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with NDPS case no. 177 of 2021 arising out of Berhampore Police Station Case No. 924 of 2021 dated 25.08.2021 under Sections 20(b)(ii)(c)/ 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Uttam Debnath ... ... Petitioner Mr. Tapodip Gupta, Advocate ... ... For the Petitioner Mr. Saryati Datta, Advocate ... ...For the State The claim for parity with the other co-accused who was enlarged on anticipatory bail by the order dated December 21, 2021 passed in CRM 5962 of 2021 is not being disputed on behalf of the State.

No narcotic was recovered from the possession of the petitioner. The police filed charge sheet. The police are unable to establish at this stage, any nexus between the petitioner and the person arrested with the commercial quantity of narcotic or the seized narcotic itself. In such circumstance, 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 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 7222 of 2021 is disposed of.

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