Allowed

Sentu Sk. and Ors. v. State of West Bengal

Calcutta HC5 Apr 2023CRM (A)/1118/2023

Case brief

AI extract

What is this about?

In a connected criminal matter, the court granted anticipatory bail to petitioners charged under the NDPS Act. The police lacked proof of nexus between petitioners and the seized narcotics, relying instead on a co-accused's statement. Bail was granted subject to conditions, including weekly reporting and appearance in court.

What did the court decide?

Anticipatory bail granted upon furnishing a bond of Rs. 10,000 with two sureties of like amount, subject to weekly reporting to the Investigating Officer and appearing on every date before the jurisdi

Sentu Sk. and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

¶1

05.04.2023

¶2

Sl.5 Court No.29 C.R.M. (A) 1118 of 2023 (AD) In Re: - An application for anticipatory bail under Section 438 of (Allowed) the Code of Criminal Procedure in connection with Raninagar Police Station Case No .27 of 2023 dated 17.01.2023 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. And In the matter of: Sentu Sk. & Ors. ….petitioners. Mr. Jisan Iqbal Hossain … for the petitioners. Mr. Ranadeb Sengupta Mr. Sandip Chakraborty …for the State.

¶3

Petitioners pray for anticipatory bail.

¶4

Report as called for by the order dated March 28, 2023 filed

¶5

in Court be taken on record.

¶6

There is a police case as against the second petitioner in which he is on bail.

¶7

Police are at this stage unable to demonstrate any nexus between the petitioners and the seized commercial quantity of narcotics and/or the person arrested with the commercial quantity of narcotics.

¶8

Police are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody.

¶9

Consequently, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Therefore, we grant anticipatory bail to the petitioners.

¶10

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

¶11

¶12

like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a week till the conclusion of the investigation and on 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.

¶13

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

¶14

C.R.M. (A) 1118 of 2023 is, thus, disposed of.

¶15

(Debangsu Basak, J.)

¶16

(Md. Shabbar Rashidi, J.)

Sentu Sk. and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sentu Sk. and Ors. 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

Similar cases

Zahid Seikh@Jahid Mondal and Anr. Vs State of West Bengal

Malek Sk. Vs State of West Bengal

Nashirul Mondal @ Nashiruddin Mondal Vs State of West Bengal

Tapash Mahanta and Anr. Vs State of West Bengal

Srikanta Dhara Vs State of West Bengal and Anr.

The Honble Court on Its Own Motion Vs Bhuban Pal@Arup Kumar Pal