Kartik Barman @ Kartick Barman Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2024)

Kartik Barman @ Kartick Barman Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed; in the event of arrest, petitioner to be released on bail on a Bond of Rs.10,000/- with two sureties of like amount each, subject to Section 438(2) CrPC conditions, weekly reporting to the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court; C.R.M. (A) 173 of 2024 disposed of.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in a case under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, notwithstanding the restrictions under Section 37 of the NDPS Act, 1985.

Court's answer

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

Ratio / Principle

The petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Key takeaways

Anticipatory bail is granted: in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶¶12
Bail is subject to conditions that the petitioner will report before the Investigating Officer once a week till conclusion of the investigation and shall appear on every date before the jurisdictional Court; in default, the jurisdictional Court may pass appropriate orders to secure his presence, including cancelling the anticipatory bail, without further reference to this Court.ratio¶¶14

Detailed headnote1 paragraphs

Anticipatory bail – S.438 Code of Criminal Procedure – Offences under Ss.21(c)/22(c)/23(c)/27A NDPS Act (Patiram P.S. Case No.239 of 2023 dated 04.11.2023; G.R. Case No.2223 of 2023; NDPS Case No.87 of 2023) – Held, police unable at this stage to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity – Petitioner held able to overcome the restrictions under S.37 NDPS Act, 1985 – Anticipatory bail granted on a Bond of Rs.10,000/- with two sureties of like amount each, subject to S.438(2) CrPC conditions, weekly reporting to the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, failing which the jurisdictional Court may cancel the anticipatory bail without further reference (Debangsu Basak, J.).

02.02.2024

DL.27 Court No.29 (AD) (Allowed)

C.R.M. (A) 173 of 2024

In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 239 of 2023 dated 04.11.2023 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act (G.R. Case No.2223 of 2023 and NDPS Case No.87 of 2023).

And

In the matter of: Kartik Barman @ Kartick Barman ….petitioner. Mr. Kaushik Choudhury Ms. Busra Khatun …for the petitioners. Mr. Joydeep Roy Ms. Sima Biswas … for the State.

Report as called for by the order dated January 25, 2024 filed

in Court be taken on record.

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

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.

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 report before the Investigating Officer once a week till the

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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.

C.R.M. (A) 173 of 2024 is, thus, disposed of.

(Debangsu Basak, J.)