Rejaul Molla @ Rejaul Mondal @ Chatu @ Rejaul Mandal And Another v. State Of West Bengal

14.12.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5817 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 255 of 2022 dated 07.05.2022 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Rejaul Molla @ Rejaul Mondal @ Chatu @ Rejaul Mandal & Anr. ...... petitioners Mr. Kaushik chaudhury Ms. Busra Khatun ....for the petitioners Mr. T. D. Nandy Mr. Antarikhya Basu ....for the State One co-accused was enlarged on anticipatory bail. No recovery was made from the possession of the petitioners.

The police filed charge-sheet.

The police, at this stage, are unable to demonstrate any nexus between the petitioners and the seized commercial quantity of narcotic and/or the arrested person. 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 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/- 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)