Sekat Sk @ Md Sekat Sk v. State Of West Bengal

01.08.2022 Serial no. 28 [Dd] (Anticipatory bail) Allowed) CRM (A) 3651 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. 1429 of 2021 dated 24.12.2021 under Sections 21(C)/22(C)/29/27A of the NDPS Act.

-AndIn the matter of : Sekat Sk @ Md Sekat Sk ... ... Petitioner Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick, Advocates ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State The police are proceeding against the petitioner on the basis of the statements of the co-accused made while in custody. The police filed charge sheet. No narcotic was recovered from the possession of the petitioner. The police, at this stage, are unable to establish any nexus between the petitioner and the seized commercial quantity of narcotic and the arrested co-accused.

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 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) 3651 of 2022 is disposed of.

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