Allowed

Sentu Biswas v. State of West Bengal

Calcutta HC4 Jan 2022CRM/7721/2021

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner in an NDPS case. It observed that no narcotics were recovered from the petitioner and the police failed to establish a nexus with co-accused. Consequently, the statutory presumption was rebutted, warranting bail with conditions.

What did the court decide?

Anticipatory bail granted on a bond of Rs. 10,000 with two sureties; conditions imposed under Section 438(2) CrPC including monthly meeting with IO and appearance in court; regular bail to be prayed f

Sentu Biswas Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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04.01.2022 02 Ct. No. 29 KAUSHIK Allowed

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C.R.M. 7721 of 2021

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In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 555 of 2021 dated 20.10.2021 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

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And

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In Re : Sentu Biswas ...… petitioner

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Mr. Jisan Iqubal Hossain .…for the petitioner Mr. Sanjoy Bardhan Ms. Baisakhi Chatterjee .…for the State

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The application is taken up for consideration subsequent to the order dated December 22, 2021.

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By the order dated December 22, 2021, a report was called for from the notice to establish the nexus, if any, between the petitioner and the other co-accused.

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Report submitted in Court be taken on record. The report does not disclose any nexus between the petitioner and the coaccused apart from the statement of the co-accused.

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Considering that no narcotic was recovered from the possession of the petitioner and that the petitioner was sought to be implicated on the basis of the statement of the co-accused and considering the fact that the police did not establish any nexus between the petitioner and the co-accused, we are of the

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view that the petitioner is able to rebut the presumption 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/-, 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 petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation 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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This application for anticipatory bail is, thus, allowed.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Sentu Biswas v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sentu Biswas 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

Statutes considered

Parties & counsel

Coram

Case details

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