Allowed

Bidwyan Mahato @ Niren Mahato @ Bidwan v. State of West Bengal

Calcutta HC10 Feb 2023CRM (A)/575/2023

Case brief

AI extract

What is this about?

Single-judge Criminal Revisional Court allowed anticipatory bail to the petitioner in a Section 21(c) NDPS offence, noting the police failed to establish a nexus with commercial quantities of drugs, thereby satisfying the requirements to override Section 37 restrictions.

What did the court decide?

Anticipatory bail granted on furnishing a bond of Rs. 10,000 with two sureties of like amount and appearing on all dates before the jurisdictional court.

Bidwyan Mahato @ Niren Mahato @ Bidwan Vs State of West… — Narcotics (NDPS) | Calcutta HC (2023)

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10.02.2023

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C.R.M. (A) 575 of 2023

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Sl.5 Court No.29 In Re: - An application for anticipatory bail under Section 438 of (AD) the Code of Criminal Procedure in connection with Hogalberia (Allowed) Police Station Case No .238 of 2022 dated 25.07.2022 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And

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In the matter of: Bidwyan Mahato @ Niren Mahato @ Bidwan ….petitioner. Mr. Atis Kumar Biswas Ms. Jyoti Agarwal …for the petitioner. Mr. Binay Panda Mr. Subham Bhakat …for the State. Petitioner prays for anticipatory bail. The police filed charge sheet.

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At this stage, police 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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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 also

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subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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.

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The prayer for anticipatory bail of the petitioner is allowed.

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C.R.M. (A) 575 of 2023 is disposed of.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Bidwyan Mahato @ Niren Mahato @ Bidwan v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Bidwyan Mahato @ Niren Mahato @ Bidwan 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

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