Antu Roy v. State Of West Bengal

06.12.2022 Serial no.7 Aloke CRM (A) 5461 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 173 of 2022 dated 19.07.2022 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act, 1985.

-AndIn the matter of : Antu Roy ... ... Petitioner Ms. Minoti Gomes, Advocate Mr. Mazahar Hossain Chowdhury, Advocate ... ... For the Petitioner Mr. Rudradipa Nandy, Advocate Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Report as called for by the order dated November 25, 2022 filed in Court be taken on record.

The report dated November 26, 2022 does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics.

The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. In such circumstances, we are of the view that the petitioner is able to rebut the presumptions under Section 37 of the NDPS Act, 1985.

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 condition that the petitioner will report before the Investigating Officer once in a week till the conclusion of the investigation 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) 5461 of 2022 is disposed of.

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