Allowed

Mohosin Ali @ Mahasin Ali Sekh v. State of West Bengal

Calcutta HC22 Aug 2022CRM (A)/3748/2022

Case brief

AI extract

What is this about?

Court granted anticipatory bail to petitioner in NDPS case. Bail granted as no narcotics found with petitioner and no nexus with arrested co-accused established. Investigation pending. Bond and reporting conditions imposed.

What did the court decide?

Petitioner granted anticipatory bail upon furnishing bond of Rs.10,000 with two sureties and complying with conditions for appearing in court and meeting Investigating Officer.

Mohosin Ali @ Mahasin Ali Sekh Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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22.08.2022 Serial no.2 Aloke

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CRM (A) 3748 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 Berhampore Police Station Case No. 790 of 2022 dated 15.06.2022 under Sections 22(c)/29 of the NDPS Act.

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-And-

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In the matter of : Mohosin Ali @ Mahasin Ali Sekh

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… … Petitioner

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Mr. Jisan Iquabal Hossain, Advocate Ms. Sweta Bhatta, Advocate … … For the Petitioner

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Mr. Ranadeb Sengupta, Advocate

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… …For the State

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Petitioner seeks anticipatory bail.

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Report as called for by the order dated August 16, 2022 filed in Court be taken on record.

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The report does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics or the seized narcotics. The investigations are in progress. The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody.

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No narcotic was recovered from the possession of the petitioner.

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In such circumstances, 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

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that the petitioner shall meet the Investigating Officer once in a week till the conclusion of the investigation and further condition that the petitioner shall appear on every date 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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Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3748 of 2022 is disposed of.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Mohosin Ali @ Mahasin Ali Sekh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Mohosin Ali @ Mahasin Ali Sekh 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

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