Allowed

Nashirul Mondal @ Nashiruddin Mondal v. State of West Bengal

Calcutta HC4 Apr 2023CRM (A)/1233/2023

Case brief

AI extract

What is this about?

This single-judge order grants anticipatory bail to the petitioner in an NDPS case. The court held that the police failed to demonstrate a nexus between the petitioner and the seized narcotics. Consequently, the petitioner could overcome restrictions under Section 37 of the NDPS Act.

What did the court decide?

The prayer for anticipatory bail is allowed. The petitioner shall be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount each and subject to conditions including rep

Nashirul Mondal @ Nashiruddin Mondal Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

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04.04.2023

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Sl.7 Court No.29 (AD) (Allowed)

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C.R.M. (A) 1233 of 2023

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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.88 of 2022 arising out of Murutia Police Station Case No .297 of 2022 dated 09.12.2022 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act. And

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In the matter of: Nashirul Mondal @ Nashiruddin Mondal ….petitioner. Mrs. Karabi Roy … for the petitioner. Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi …for the State.

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Petitioner prays for anticipatory bail.

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Report as called for by the order dated March 27, 2023 filed

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in Court be taken on record.

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

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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) 1233 of 2023 is, thus, disposed of.

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(Md. Shabbar Rashidi, J.)

Nashirul Mondal @ Nashiruddin Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Nashirul Mondal @ Nashiruddin Mondal 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

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