Calcutta High CourtCRM (A)/5386/2023allowed

Hadikul Sk.@Hajiqul Sk. v. State Of West Bengal

2024-02-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.02.2024 Serial no. 72 Anticipatory bail [Allowed] Dd CRM (A) 5386 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachawk Police Station Case No. 861 of 2022 dated 10.08.2022 under Sections 21(c)/25/27A/29 of the NDPS Act, 1985.

-AndIn the matter of : Hadikul Sk @ Hajiqul Sk ... ... Petitioner Mr. Sandip Chakraborty, Mr. Kaustav Das, Advocate ... ... For the Petitioner Mr. S. S. Imam, Mr. Amanul Islam, Advocates ... ...For the State Report as called for by the order dated February 1, 2024 filed in Court be taken on record.

Police filed charge sheet.

Apparently, at this stage, police are proceeding on the basis of the statements of the co-accused made while in custody.

Police, at this stage, are unable to demonstrate any nexus between the person arrested with the commercial quantity of narcotics and seized commercial quantity of narcotics.

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 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) 5386 of 2023 is disposed of.

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