Kharul Miya And ORS v. State Of West Bengal

22.12.2022 Serial no. 04 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 5826 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 449 of 2022 dated 08.09.2022 under Sections 341/326/307/353/186/34 of the Indian Penal Code read with Sections 21(C)/23(c)/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and section 51 of the Wildlife (Protection) Act, 1972. -AndIn the matter of : Khairul Miya & Ors.

... ... Petitioners Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Jeenia Rudra, Advocates ... ... For the Petitioners Mr. Sanjay Bardhan, Mr. Suman Saha, Advocates ... ...For the State Report as called for by the order dated December 15, 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.

One petitioner is on bail in respect of another criminal case. Other co-accuseds were enlarged on anticipatory bail. In such circumstances, we are of the view that the petitioners are able to overcome the restriction 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) 5826 of 2022 is disposed of.

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