Intajul Sekh @ Buddhu Sk v. State Of West Bengal
27.02.2024 Item No.33 Ct. No. 29 CHC Allowed C.R.M.(A) 5595 of 2023 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. 1563 of 2023 dated 17.09.2023 under Sections 21(c)/25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And In the matter of : Intajul Sekh @ Buddhu Sk ...... petitioner Md. Wasim Akram ....for the petitioner Mr. Saryati Datta ....for the State Report as called for by the order dated February 6, 2024 filed in Court be taken on record.
Commercial quantity of narcotics were seized from the bedroom belonging to the son of the petitioner. Report is unclear as to whether, the property belongs to the petitioner or not. Apart from father son relationship, police are unable to demonstrate any other relationship at this stage. In such circumstances, we are of the view that petitioner is able to overcome the restrictions under Section 37 of the N.D.P.S. 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 will report before the Investigating Officer once in a week till the conclusion of 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. This application for anticipatory bail is, thus, allowed. CRM(A) 5595 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)