Akhirul Fakir @ Akherul Fakir And ANR v. State Of West Bengal

20.12.2022 Serial no. 03 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 5786 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hilli Police Station Case No. 216 of 2022 dated 18.09.2022 under Sections 20(b)(ii)/21(C)/22(C)/23(C)/27A of the Narcotic Drugs & Psychotropic Substances Act.

-AndIn the matter of : Akhirul Fakir @ Akherul Fakir & Anr. ... ... Petitioners Mr. Anindya Ghosh, Mr. Sumita Sarkar, Mr. Anindya Chowdhury, Advocate ... ... For the Petitioners Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta, Advocates ... ...For the State Report as called for by the order dated December 13, 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 police are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody.

In such circumstances, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, 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 week 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) 5786 of 2022 is disposed of.

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