Safikul Sk(Mondal) v. State Of West Bengal

17.08.2022 Serial no. 04 [Dd] (Anticipatory bail) Allowed) CRM (A) 3832 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 79 of 2022 dated 15.03.2022 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Safikul Sk (Mondal) ... ... Petitioner Mr. Sumanta Das, Advocate ... ... For the Petitioner Mr. Suman De, Advocate ... ...For the State Report as called for by the order dated August 10, 2022 filed in Court be taken on record.

The report does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics or the seized commercial quantity of narcotics. No narcotic was recovered from the possession of the petitioner. The police are proceeding against the petitioner on the basis of the statements of the co-accused made while in custody.

In such circumstances, we are of the view that the petitioner is able to rebut the presumption 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 report before 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) 3832 of 2022 is disposed of.

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