Allowed

Najmul Molla and Ors. v. State of West Bengal

Calcutta HC16 Aug 2022CRM (A)/3765/2022

Case brief

AI extract

What is this about?

The court granted anticipatory bail to petitioners in an NDPS case. It held that since no narcotics were recovered from them and the report lacked nexus with commercial quantities, they could overcome NDPS restrictions. Bail was subject to bond, sureties, and reporting conditions.

What did the court decide?

Anticipatory bail allowed; petitioners directed to release on bond of Rs. 10,000 with two sureties, reporting fortnightly to IO and appearing in Court.

Najmul Molla and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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16.08.2022 Serial no. 06 [Dd] (Anticipatory Bail) (Allowed)

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CRM (A) 3765 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 NDPS Case No. 155 of 2022 arising out of Sagarpara Police Station Case No. 125 of 2022 dated 22.06.2022 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substance Act.

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-And-

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In the matter of : Najmul Molla & Ors.

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Mr. G. N. Imrohi, Advocate … … For the Petitioners

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Mr. Suman De, Advocate

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Report as called for by the order dated August 5, 2022 filed in Court be taken on record.

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No narcotic was recovered from the possession of the petitioners. The petitioners are sought to be proceeded against on the basis of the statement of the co-accused made while in custody.

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The report dated August 7, 2022 does not speak of any nexus between the petitioners and the commercial quantity of narcotics and/or the accused arrested with the commercial quantity of narcotics.

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In such circumstances, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

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Consequently, we are inclined to grant anticipatory bail to the petitioners.

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Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 further condition that the petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

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Prayer for anticipatory bail of the petitioners is allowed . CRM (A) 3765 of 2022 is disposed of .

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Najmul Molla and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Najmul Molla and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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