Babar Sk @ Babor @ Hasibur Sekh @ Hasibur Sk v. State Of West Bengal

02.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 6035 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. 1065 of 2021 dated 27.08.2021 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Babar Sk @ Babor @ Hashibur Sekh @ Hashibur Sk ...... petitioner Mr. Priyankar Ganguly ....for the petitioner Mr. Ranadeb Sengupta ....for the State The police filed charge-sheet.

At this stage, the police are unable to demonstrate any nexus between the petitioner and the person arrested with commercial quantity of narcotic and/or seized commercial quantity of narcotic.

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 rebut the presumptions 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/-, 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 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.

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