Jyotsa Bibi Alias Maleka Bibi v. State Of West Bengal

17.11.2020 ssd 17.

CRM 6984 of 2020 (CRAN 1 of 2020) (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabagram P.S. Case No.100 of 2020 dated 09.03.2020 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: Jyotsna Bibi @ Maleka Bibi ....Petitioner.

Mr. Dipendu Banerjee ...for the Petitioner.

Mr. Rana Mukherjee Md. Kutubuddin ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that the petitioner has been proceeded against merely on the basis of the uncorroborated statement of a person arrested in connection with an NDPS case. According the State, a Bolero car was escorting the vehicle from which 400 kg of ganja was recovered. The State says that upon the raiding party giving chase, the Bolero broke rank; though it was obvious the Bolero car was escorting the vehicle carrying the contraband for a considerable distance. The State relies on the

statement of one of the members of the raiding party that there was a lady in the Bolero. The State says that the relevant car is registered in the name of the petitioner's husband and the lady was identified as the petitioner by the driver of the vehicle carrying the contraband.

There is sufficient material against the petitioner for the State to proceed against her. The State says that even though the petitioner has been acquitted in a previous NDPS case, there are other similar cases pending against her.

Considering the material against the petitioner, the prayer for anticipatory bail is refused.

CRM 6984 of 2020 and the interim application stand disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)