Allowed

Munna Hossain and Ors. v. State of West Bengal

Calcutta HC11 Dec 2020CRM/9728/2020

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC, the court granted bail to accused persons charged under the NDPS Act. The court held that since no narcotics were recovered and the accusation relied on a police statement (inadmissible), the statutory restrictions were rebutted, warranting bail.

What did the court decide?

Accused released on bail upon furnishing a bond of Rs. 10,000 each with two sureties of like amount and complying with Section 438(2) CrPC conditions.

Munna Hossain and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2020)

¶1

11.12.2020 Sl. No.49 akd [ALLOWED]

¶2

C. R. M. 9728 of 2020 [via video conferencing]

¶3

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.11.2020 in connection with Gangarampur Police Station Case No. 352 of 2020 dated 05.10.2020 under Sections 21(c)/22(c)/27A/28/29 of the NDPS Act and Section 14(A)(b) of the Foreigners Act.

¶4

And

¶5

In Re: Munna Hossain & Ors.

¶6

… … Petitioners

¶7

Mr. Mazahar Hossain Chowdhury .. Advocate … … for the petitioners

¶8

Mr. Ranabir Roy Chowdhury .. Advocate

¶9

Mr. Sandip Chakraborty .. Advocate

¶10

… … for the State

¶11

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.

¶12

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

¶13

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.

¶14

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Munna Hossain, (2) Moslem Ali & (3) Mukul Murmu @ Makul , be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like

¶15

¶16

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.

¶17

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

¶18

(Suvra Ghosh, J.)

¶19

(Joymalya Bagchi, J.)

Munna Hossain and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Munna Hossain and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mantu Halder @ Haldar Vs State of West Bengal

Sankarlal Ghosh Vs State of West Bengal

Milan Maiti and Others Vs State of West Bengal

Tapan Debnath Vs State of West Bengal

Subrata Sadhu and Anr. Vs State of West Bengal and Ors.

Balai Dhaure and Anr. Vs State of West Bengal and Ors.