Allowed

Anup Kumar Ghosh v. State of West Bengal

Calcutta HC23 Feb 2023CRM (A)/566/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in an NDPS case involving concealment of commercial quantity. The court noted absence of nexus between the petitioner and the seized narcotics, holding that Section 37 restrictions could be overcome.

What did the court decide?

Anticipatory bail granted with a bond of Rs. 10,000/- and two sureties, reporting conditions imposed.

Anup Kumar Ghosh Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

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23.02.2023

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Sl.4 Court No.29 (AD) (Allowed)

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C.R.M. (A) 566 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 .288 of 2022 dated 20.11.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act arising out of NDPS Case No.83/2022. And

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In the matter of: Anup Kumar Ghosh @ Raju Ghosh ….petitioner. Mr. Asraf Mondal Md. Bani Israil … for the petitioner. Mr. Ranadeb Sengupta …for the State.

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Petitioner prays for anticipatory bail.

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Report as called for by the order dated February 8, 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.

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Apparently, the police are proceeding against the petitioner 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

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Criminal Procedure, 1973 and on condition that the petitioner will 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) 566 of 2023 is, thus, disposed of.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Anup Kumar Ghosh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Anup Kumar Ghosh 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

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