Karna Kumar Shil v. State Of West Bengal

10.11.2022 Serial no. 13 [Dd] (Anticipatory bail) Allowed) CRM (A) 5136 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 : Karna Kumar Shil @ Koundra Shil @ Madan Shil ... ... Petitioner Mr. Sumanta Das, Advocate ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Leave is granted to the learned advocate for the petitioner to correct the cause title of the petition. 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.

At this stage, the police 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 narcotics.

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.

Learned advocate for the petitioner submits that Karna Kumar Shil @ Koundra Shil s/o Mahadeb Shil @ Madan Shil is one and the same person.

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) 5136 of 2022 is disposed of.

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