Md.Salamat Mia@Md.Salamath Miya v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 24.08.2023 Court No.1 (AK 47) CRM(A) 638 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Madarihat Police Station Case No. 36 of 2023 dated 17.03.2023 under Sections 20(b)(ii)(c)/22(b) of the NDPS Act.

And In the matter of: Md. Salamat Mia @ Md. Salamath Miya . .. . . . . .Petitioner.

Mr. Biswarup Roy ...for the petitioner.

Mr. Nilay Chakraborty Mr. Subhasish Misra ...for the State.

Admittedly, the quantity of alleged contraband article seized from the courtyard of the petitioner's house is of intermediate quantity. Hence, the bar of Section 37 of the NDPS Act could not apply in the present case. The factors as stated above persuade us to allow the prayer for anticipatory bail.

We are, hence, of the view that custodial interrogation of the petitioner is not required.

The prayer for anticipatory bail is hence allowed. We accordingly 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) with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioner shall cooperate with the investigation and

make himself available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioner shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever. The application for anticipatory bail being CRM(A) 638 of 2023 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA, J.)