Sariful Sk @ Sariful Hoque v. State Of West Bengal

29.11.2022 Serial no.31 Aloke CRM (A) 5526 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1154 of 2021 dated 08.09.2021 under Sections 21(c)/29 of the NDPS Act, 1985.

-AndIn the matter of : Sariful Sk. @ Sariful Hoque ... ... Petitioner Ms. Minoti Gomes, Advocate Mr. Mounik Ghosh, Advocate ... ... For the Petitioner Mr. Saryati Datta, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The police filed charge-sheet.

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. 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 overcome the restrictions 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 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) 5526 of 2022 is disposed of.

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