Calcutta High Court (Appellete Side)
Sections 21(C)/22(C)/23(C)/27A Of The ... vs In Re: Aminul Molla @ Dukhu & Anr on 5 March, 2020
1 05.03.202024
sdas allowed C.R.M. No. 2367 of 2020 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.03.2020 in connection with Tapan Police Station Case No. 58 of 2020 dated 16.02.2020 under Sections 21(c)/22(c)/23(c)/27A of the N.D.P.S. Act.
And In Re: Aminul Molla @ Dukhu & Anr. ......... petitioners Mr. K. Choudhury Mr. S. Hazra ...for the petitioners Mr. Saryati Datta .... for the State It is submitted by the learned Counsel appearing for the petitioners that no narcotic substance was recovered from the possession of the petitioners.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail.
Having considered the materials on record and keeping in mind the nature of allegation in the light of the aforesaid submission that no narcotic substance was recovered from the possession of the petitioners and as their complicity has arisen from the statement of the co-accused which is inadmissible in evidence we are of the opinion that petitioners have been able to rebut the statutory presumption under Section 37 of the NDPS Act and they may be granted anticipatory bail. 2
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on conditions that they shall appear before the investigating officer and hand over their passports, if any, within four weeks from date. In the event they do not have passports, they shall personally appear before the investigating officer and furnish an affidavit to that effect within the time frame mentioned hereinabove.
This application for anticipatory bail is, thus, allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)