Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Gaucher Sk. @ Gachul Sk. & Anr on 5 December, 2019
1 106 05.12.2019
ss Allowed
C.R.M. 11410 of 2019
In the matter of : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 03.12.2019 in connection with Jalangi P.S. Case No. 418 of 2019 dated 25.06.2019 under sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.
And In the matter of : Gaucher Sk. @ Gachul Sk. & Anr. Ms. Minoti Gomes ... ... for the petitioners Ms. Faria Hossain Ms. Baisali ... ... for the State Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that no narcotic substance was recovered from the possession of the petitioners, we are of the opinion that the petitioners have been able to rebut the statutory restrictions under section 37 of the NDPS Act and they may be granted anticipatory bail.
Accordingly, we direct in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) each, 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 2 further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)