Calcutta High CourtCRM(A)/323/2024allowed

Koushik Sarkar@Bishwa@Biswa v. The State Of West Bengal

2024-04-24Hon'Ble Justice Soumen Sen,Hon'Ble Justice Partha Sarathi Sen2 pages

24.04.2024 SL No.5 Court No.1 (gc) (Allowed) Circuit Bench of Calcutta High Court At Jalpaiguri CRM (A) 323 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with NDPS Case No. 01 of 2024 arising out of Kotwali Police Station Case No.22 of 2024, dated 08.01.2024 under Sections 21(b)/22(b)/29 of the NDPS Act. And In the matter of : Koushik Sarkar @ Bishwa @ Biswa - Petitioner.

Mr. Arjun Chowdhury, Ms. Pratusha Dutta Chowdhury, Ms. Riya Agarwal ... For the Petitioner.

Mr. Abhijit Sarkar, Ms. Sukanya Adhikary ... For the State.

1. The learned Counsel for the petitioner submits that the petitioner has been falsely implicated and his name transpired during recording the statement of the coaccused persons. It is further submitted that the coaccused persons are already enlarged on bail.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has submitted that the petitioner could be the kingpin and his custodial interrogation is necessary.

3. Considering the materials available in the case diary and the fact that the petitioner was apprehended on the basis of the statement of a co-accused and that recovery of the contraband is less than the commercial quantity and the petitioner is successful in making out a case for rebutting the statutory restriction under Section 37 of the NDPS Act, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Koushik Sarkar @ Bishwa @ Biswa be released on bail upon furnishing a bond of Rs.10,000/-, with two registered 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. It is further directed that the present accused petitioner shall meet the Investigating Officer of this case twice in a week and shall not leave the territorial jurisdiction of the learned Trial Court unless such permission is given by the Trial Court till submission of the final report.

5. The application for anticipatory bail is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Partha Sarathi Sen, J.)