Sayra Bibi@Saira Bibi v. State Of West Bengal

21.12.2020.

148.

as (Allowed).

C.R.M. 10504 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola P. S. Case No.341 of 2020 dated 23.09.2020 under Sections 21(c)/29 of the N. D. P. S. Act.

In the matter of : Sayra Bibi @ Saira Bibi.

... Petitioner.

Mr. Jisan Iqubal Hossain.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee.

.....for the State.

Heard the learned Advocates appearing for the parties. No narcotic substance was recovered from the possession of the petitioner. In view of the extent of complicity of the petitioner which transpires from the statement of co-accused before a police officer which is inadmissible in evidence and as the statements are general and omnibus in nature and do not relate to the transaction in question, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the N. D. P. S. Act.

Hence, we are inclined in granting 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/-, 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.

This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)