Allowed

Ashim Barman v. State of West Bengal

Calcutta HC23 Aug 2022CRM (A)/3770/2022

Case brief

AI extract

What is this about?

Court granted anticipatory bail to petitioner Ashim Barman in a case under the NDPS Act. The judgment allowed the prayer as no narcotics were recovered from the petitioner, enabling him to overcome Section 37 restrictions.

What did the court decide?

Anticipatory bail granted in terms of Rs.10,000 bond with sureties, reporting to Investigating Officer once a week, and appearing on court dates.

Ashim Barman Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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23.08.2022

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Sl.1 Court No.29 (AD) (Allowed)

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C.R.M. (A) 3770 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 Balurghat Police Station Case No. 466 of 2022 dated 06.07.2022 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act (corresponding to special case No.51 of 2022).

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And

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In the matter of: Ashim Barman ….petitioner. Mr. Kaushik Chowdhury Ms. Busra Khatun …for the petitioner. Mr. T.D. Nandy Mr. Antarikhya Basu …for the State.

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Petitioner prays for anticipatory bail.

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Report submitted in Court be taken on record.

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No narcotics were recovered from the possession of the petitioner. 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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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 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

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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 a week till the conclusion of the investigation and on 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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Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

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C.R.M. (A) 3770 of 2022 is, thus, disposed of.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Ashim Barman v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Ashim Barman v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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