Halima Parvin @ Halima Bibi @ Halima Sk v. State Of West Bengal

19.02.2024 Serial no. 79 Anticipatory bail [Allowed] Dd CRM (A) 5494 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1134 of 2022 dated October 5, 2022 under Sections 21(C)/27A/29 of the NDPS Act, 1985. -AndIn the matter of : Halima Parvin @ Halima Bibi @ Halima Sk.

... ... Petitioner Mr. Sandip Chakraborty, Mr. Avinaba Patra, Advocates ... ... For the Petitioner Ms. Sonali Das, Advocate ... ...For the State Police filed charge sheet.

Petitioner before us is one of the co-accuseds. Recovery was made from a place which belongs to the father of the petitioner.

That apart, police are unable to demonstrate any nexus between the petitioner and the 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) 5494 of 2023 is disposed of.

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