Irfan Mondal @ Irfan Sk v. State Of West Bengal

C.R.M. (A) 6107 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 240 of 2022 dated 27.09.2022 under Sections 20(b)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Irfan Mondal @ Irfan Sk.

....petitioner.

Mr. Asraf Mandal ...for the petitioner.

Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ...for the State.

Petitioner prays for anticipatory bail.

18.01.2023 Sl.5 Court No.29 (AD) (Allowed) Report as called for by the order dated January 3, 2023 filed in Court be taken on record.

The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. The police, at this stage, are unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics.

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/- (Rupees Ten Thousand Only), with two sureties of

like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the investigation 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 6107 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)