Allowed

Tarik Ahamed @ Tarik Ahmed @ Roni v. State of West Bengal

Calcutta HC26 Apr 2022CRM (A)/1447/2022

Case brief

AI extract

What is this about?

The Court allowed an application for anticipatory bail under Section 438 CrPC. Granting bail despite the charge under the NDPS Act because no narcotic was recovered from the petitioner, who faced charges based solely on the statement of a co-accused in custody.

What did the court decide?

Prayer for anticipatory bail allowed; directed to release on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount and complying with specified reporting conditions.

Tarik Ahamed @ Tarik Ahmed @ Roni Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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26.04.2022 Serial no.4 Aloke

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CRM (A) 1447 of 2022

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In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 71 of 2022 dated 06.03.2022 under Sections 21(c)/29 of the NDPS Act.

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In the matter of : Tarik Ahamed @ Tarik Ahmed @ Roni … … Petitioner

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Ms. Sonali Das, Advocate

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… … For the Petitioner

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Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick Advocate

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… …For the State

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Petitioner prays for anticipatory bail.

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Report as called for by the order dated March 29, 2022 be taken on record.

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The report does not speak of any nexus between the petitioner and the person arrested with the commercial quantity of narcotics.

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Considering the fact that no narcotic was recovered from the possession of the petitioner and the petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are inclined to 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once in a week till the conclusion of the investigation

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and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

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The prayer for anticipatory bail of the petitioner is allowed.

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CRM (A) 1447 of 2022 is disposed of.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Tarik Ahamed @ Tarik Ahmed @ Roni v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Tarik Ahamed @ Tarik Ahmed @ Roni v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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