Allowed

Ekbar Sk @ Ali @ Ekbar v. State of West Bengal

Calcutta HC23 Nov 2021CRM/4635/2021

Case brief

AI extract

What is this about?

Grant anticipatory bail to petitioner in an NDPS case under Section 438 CrPC after finding that petitioner was implicated solely based on a co-accused statement with no contraband seized from him.

What did the court decide?

Grant of anticipatory bail with bond of Rs.10,000 and two sureties, fortnightly reporting to investigating officer, and appearance before court on fixed dates.

Ekbar Sk @ Ali @ Ekbar Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2021)

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23.11.2021 Court No.29 SL No.84 AP

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CRM 4635 of 2021 (Through Video Conference)

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In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti P.S. Case No. 230 of 2021 dated 22.06.2021 under Sections 21(C)/29 of the NDPS Act.

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And

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In the matter of: Ekbar Sk @ Ali @ Ekbar

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Mr. Jisan Iqubal Hossain Mr. Ranadeb Sengupta

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….Petitioner. …for the Petitioner. …for the State.

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Petitioner seeks anticipatory bail.

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Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He submits that the petition was adjourned on the previous occasion in order to allow the learned advocate for the State to appraise the Court as to whether there was any further material as against the petitioner or not.

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Learned advocate appearing for the State submits that the petitioner was named by a co-accused from whom narcotic substances of commercial quantity was seized. He submits that there are, however, no other materials in the case diary against the petitioner. However, the investigations are yet to be concluded.

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Considering the materials in the case diary and considering the fact that no contraband was seized from the possession of the petitioner and considering the fact that the petitioner was sought to be implicated on the basis of the statement of the co-accused, we are of the view that the petitioner is able to rebut the statutory restrictions under Section 37 of the NDPS Act, 1985. Consequently, we grant anticipatory bail to the petitioner.

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Accordingly, we 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 Only), with two 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 and on further conditions that the petitioner shall meet the investigating officer once in a fortnight until further orders and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

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The application for anticipatory bail is, thus, allowed.

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(Bibhas Ranjan De, J.)

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(Debangsu Basak, J.)

Ekbar Sk @ Ali @ Ekbar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Ekbar Sk @ Ali @ Ekbar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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