Pradip Kumar Singh @ Pradip Kr. Singh v. State Of West Bengal And ANR

C.R.M. (A) 4687 of 2023 14.12.2023 ML. 64 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 681 of 2023 dated 07.09.2023 under Sections 21(c)/25/28/29 of the NDPS Act.

And In the matter of: Pradip Kumar Singh @ Pradip KR Singh ....petitioner.

Mr. B. Bhattacharya Mr. S. U. Ahmed Mr. A. Bar Mr. N. U. Gayen ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

1. Heard learned Counsel for the parties.

2. Taking into consideration the materials placed by them before us, we find that 6,600 bottles of phensedly was seized from two vehicle out of which one is a private vehicle and another is a commercial vehicle.

3. The present petitioner is stated to be the owner of the commercial vehicle. According to the learned Counsel for the petitioner, on the relevant date the vehicle was given on hire to M/s. Plasto. It is further submitted by him that the petitioner had no knowledge about the use of his vehicle for such illegal purpose.

4. According to the learned Counsel for the petitioner, the petitioner has no record of past criminal antecedent and the basis of his implication is the fact that he is the registered owner of the commercial vehicle.

5. From the materials on record, we do not find any incriminating material except the aforesaid facts. The call details between the driver and the owner and CDR to that effect is nothing but obvious in view of their relationship as employer and employee.

6. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.

7. Within 21 days from today, petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

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

9. The application being CRM (A) 4687 of 2023 is disposed of.

10. The I.O. is hereby directed to act upon the server copy of this order, if required.

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