Allowed

Mannan Sk @ Mannan Malithya v. State of West Bengal

Calcutta HC22 Feb 2023CRM (A)/503/2023

Case brief

AI extract

What is this about?

This High Court granted anticipatory bail to the petitioner in a case involving commercial quantity of narcotics under the NDPS Act. The court held that lack of nexus with the arrested person and reliance on co-accused statements allowed overcoming Section 37 restrictions.

What did the court decide?

Anticipatory bail granted subject to furnishing a bond of Rs.10,000/- with two sureties, weekly reporting, and appearance in court.

Mannan Sk @ Mannan Malithya Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

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22.02.2023

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

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C.R.M. (A) 503 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 Murutia Police Station Case No .240 of 2022 dated 27.09.2022 under Sections 20(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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And

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In the matter of: Mannan Sk @ Mannan Malithya ….petitioner. Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly … for the petitioner. Mr. Sanjoy Bardhan Ms. Debjani Dasgupta …for the State.

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Report as called for by the order dated February 6, 2023 filed

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in Court be taken on record.

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The report does not 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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The police apparently are proceeding 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 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) 503 of 2023 is, thus, disposed of.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Mannan Sk @ Mannan Malithya v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Mannan Sk @ Mannan Malithya v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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