Narayan Barman @Naren v. State Of West Bengal

16.12.2020 ss Allowed C.R.M. 10083 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat P.S. Case No.378 of 2020 dated 01.10.2020 under sections 21(C)/22(C)/23(C)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substance Act.

And In the matter of: Narayan Barman @ Naren Mr. Partha Ghosh Mr. Sagar Saha ... ... for the petitioner Mr. Saryati Datta ... ... for the State No narcotic substance was recovered from the petitioner. Complicity of the petition has transpired from the statement of co-accused before police officer which is inadmissible in evidence.

In view of the aforesaid factual matrix petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act. Accordingly, he may be granted anticipatory bail. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is, thus, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)