Razzak Mia And ORS v. State Of West Bengal

11.12.2020 Sl. No. 68 akb [ALLOWED] C. R. M. 10215 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.12.2020 in connection with Gangarumpur Police Station Case No. 388 of 2020 dated 29.10.2020 under Sections 21(c)/22(c)/23(c)/27(A)/28/29 of the Narcotics and Drugs Psychotropic Substances (NDPS) Act.

And In Re: Razzak Mia & Ors.

... ... Petitioners Ms. Jeenia Rudra .. Advocate ... ... for the petitioners Mr. Sudip Ghosh .. Advocate Mr. Apurba Kumar Datta.. Advocate ... ... for the State It is submitted on behalf of the petitioners that no narcotic substance was recovered from their possession and their complicity has transpired from the statement of co-accused before a police officer. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioners and their complicity has transpired from the statement of coaccused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioners have been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Hence, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners, namely (1) Razzak Mia, (2) Ruyep Islam@ Rubel Miya, (3) Mizanur Rahaman & (4) Mukul Murmu, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, 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. The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)