Rintu Sk @ Rintu Mia v. State Of West Bengal

23.09.2022 Serial no. 09 [Dd] (Anticipatory bail) Allowed) CRM (A) 4535 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. 241 of 2022 dated 05.03.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (Corresponding to NDPS Case No. 40/2022) -AndIn the matter of : Rintu Sk. @ Rintu Mia ... Petitioner Mr. Mazhar Hossain Chowdhury, Ms. Mobashshara Alam,, Advocates ... For the Petitioner Mr. Swapan Banerjee, Mr. Suman De, Advocates ... For the State No narcotic was recovered from the possession of the petitioner. The police filed charge sheet.

The police at this stage are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotic. The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. Two other co-accuseds were enlarged on anticipatory bail by this Hon'ble Court.

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) 4535 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)