Allowed

Malek Sk. v. State of West Bengal

Calcutta HC4 Apr 2023CRM (A)/1208/2023

Case brief

AI extract

What is this about?

The court allowed an application for anticipatory bail under Section 438 CrPC for the petitioner charged under Sections 27A/29 NDPS Act. Granting bail was based on a fresh police report stating no money transaction existed between the arrested person and the petitioner, allowing restrictions under Section 37 NDPS Act to be overcome.

What did the court decide?

Anticipatory bail allowed subject to a bond of Rs. 10,000 with two sureties and conditions to report weekly to the Investigating Officer.

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

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04.04.2023

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Sl.6 Court No.29 C.R.M. (A) 1208 of 2023 (AD) In Re: - An application for anticipatory bail under Section 438 of (Allowed) the Code of Criminal Procedure in connection with Kaliachak Police Station Case No .3 of 2023 dated 02.01.2023 under Sections 27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Malek Sk. ….petitioner. Mr. Mrityunjoy Chatterjee Mr. M. Rahaman Mr. Debapriya Majumder … for the petitioner. Mr. Sanjoy Bardhan Ms. Debjani Dasgupta …for the State.

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Petitioner prays for anticipatory bail.

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Today, learned Advocate for the State submits a fresh report

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which be taken on record.

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The fresh report states that, there is no money transaction between the person arrested with the commercial quantity of narcotics and 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 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 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

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

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C.R.M. (A) 1208 of 2023 is, thus, disposed of.

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(Md. Shabbar Rashidi, J.)

Malek Sk. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Malek Sk. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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