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Calcutta High CourtCRM (A)/4031/2023allowed

Saddam Sk @ Sahen Ali @ Sahin Ali @ Sahin Sk v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4031 of 2023 04.10.2023 SL. 36 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 185 of 2023 dated 19.03.2023 under Sections 20(b)/29 of the NDPS Act (corresponding to NDPS Case No. 35 of 2023).

And In the matter of: Saddam Sk @ Sahen Ali @ Sahin Ali @ Sahin Sk.

....petitioner.

Mr. Tapodip Gupta Mr. Suman Bhanja ...for the petitioner.

Mr. Antarikhya Basu ... for the State.

1. Heard learned Counsel for the parties.

2. The basis of implication of the present petitioner is stated to be the statement of the co-accused. Further the quantity of ganja seized from the co-accused is far below commercial quantity being 3.245 kgs only.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence and completion of investigation, it is directed that the petitioner shall surrender before the learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad, in NDPS Case No. 35 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for anticipatory bail is allowed.

5. The application being CRM (A) 4031 of 2023 is disposed of.

6. Learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad, is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)