Sahin Aktar v. State Of West Bengal

15.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5203 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 406 of 2020 dated 19.11.2020 under Section 21(C)/22(C)/23(C)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Sahin Aktar ...... petitioner Ms. Jeenia Rudra Mr. T. Kumai ....for the petitioner Mr. Sanjoy Bardhan Ms. Baisakhi Chatterjee ....for the State The police filed charge-sheet.

The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. On such footing, the other co-accuseds were enlarged on anticipatory bail.

No narcotic was recovered from the possession of the petitioner. At this stage, the police are unable to demonstrate any nexus between the petitioner and the person arrested with commercial quantity of narcotic and/or seized commercial quantity of narcotic.

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 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)