06.01.2025 21. Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4685 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgola Police Station Case No. 1094 of 2024 dated 06.11.2024 under Sections 21(c)/22 of NDPS Act. And In Re: Kabir Sekh. … … Petitioner Mr. Moyukh Mukherjee, Mr. Sobhan Gain, Mr. Md. Aquib, Mr. Shakti Shivam. …… for the petitioner Mr. Debasish Roy, ld. P.P. Mr. Arijit Ganguly, Mr. Koushik Kundu. …… for the State 1. Petitioner contends he was falsely implicated earlier in a narcotic case by officers attached to the same police station i.e. Lalgola Police Station. He was physically assaulted and this Court in CRM (NDPS) 493 of 2022 directed him to be released on bail. Though no narcotics has been recovered from him, petitioner has again been implicated in the present case. Accordingly, he prays for anticipatory bail. 2. Learned Advocate for the State submits petitioner is involved in drug trafficking. He was arrested in an earlier case. 272 grams of heroin was recovered from co-accused. Petitioner’s name transpired from statement of co-accused. 3. We have considered materials on record. Petitioner was earlier implicated in Lalgola P.S. Case No. 698 of 2021 dated 2 17.09.2021 alleging possession of narcotics. This Court noted that the recovery was doubtful and the petitioner had marks of injury on his body. In the light of the aforesaid circumstances he was released on bail. Directions were also given for videography of recovery of narcotics in future cases. 4. Presently, petitioner has again been implicated in a narcotics case. But no narcotics was recovered from him. Needless to mention statement of co-accused before police officer is inadmissible in law. No independent material corroborating the said statement is placed on record. It is contended that petitioner is being falsely implicated in a series of cases due to grudge of police administration. In the factual backdrop of the case one cannot wholly rule out that possibility. 5. Accordingly, we are of the opinion petitioner has been able to rebut statutory restrictions under Section 37 of the NDPS Act and may be granted anticipatory bail subject to conditions. 6. Accordingly, we direct that in the event of arrest, the petitioner viz., Kabir Sekh 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 also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the officer-in-charge, Lalgola Police Station once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 3 7. The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)