Faraz Molla@Faroz Molla And ANR v. State Of West Bengal

29.11.2022 Serial no. 07 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 5289 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 240 of 2022 dated 27th September, 2022 under Sections 20(b)/29 of the NDPS Act, 1985. -AndIn the matter of : Faraz Molla @ Faroz Molla & Anr. ... ... Petitioners Ms. Debarshi Brahma, Advocate ... ... For the Petitioners Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Report as called for by order dated November 18, 2022 filed in Court be taken on record.

The police at this stage are unable to demonstrate any nexus between the petitioners and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics. The report states that there are no criminal antecedents so far as the petitioners are concerned. No narcotic was recovered from the possession of the petitioners. Police are proceeding against the petitioners on the basis of the statements of the co-accused made while in custody.

In such circumstances, we are of the view that the petitioners are in a position to rebut the presumption under Section 37 of the NDPS Act, 1985.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 5289 of 2022 is disposed of.

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