Calcutta High Court
CRM/1121/2019 of NIRMAL BARMAN Vs State of West Bengal on 23 December 2019
Sl. No.42 akd [ALLOWED] C. R. M. 12083 of
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23.12.19
Sl. No.42
akd
[ALLOWED]
C. R. M. 12083 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of CriminalProcedure filed on 16.12.2019 in connection with Sahebgunj Police Station Case No. 348dated 12.07.2019 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No.55 of 2019)
And
In Re: Nirmal Barman
… … Petitioner
Mr. Ayan Basu .. Advocate
Mr. Prabir Kumar Das .. Advocate
… … for the petitioner
Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Arani Bhattacharyya .. Advocate … … for the State Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that no narcotic substance wasrecovered from his possession and his complicity has transpired from the statement of co-accused before a police officer.
Learned advocate appearing for the State opposes the prayer for anticipatorybail and submits that narcotic substance was sought to be delivered to the petitioner asappearing from the statement of co-accused. He further submits that investigation is inprogress.
We have considered the materials on record. We find that no narcotic substancewas recovered from the possession of the petitioner and his complicity has transpiredfrom the statement of co-accused before a police officer which is inadmissible inevidence. Under such circumstances, we are of the opinion that the petitioner has beenable to rebut the statutory restrictions under Section 37 of the NDPS Act. Accordingly, we are inclined in granting anticipatory bail to the petitioner however, subject to strictconditions.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namelyNirmal Barman, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Tenthousand only), with two sureties of like amount each, to the satisfaction of the arrestingofficer and also be subject to the conditions as laid down under Section 438(2) of theCode of Criminal Procedure, 1973 and on further condition that he shall meet theInvestigating Officer once in a week until further orders and shall appear before the courtbelow and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.)
(Joymalya Bagchi, J.)