In Re : Mehebul Mallick @ Mahebul vs Md. Nawaz Khan)
2021 Latest Caselaw 5213 Cal

28.09.2021 tkm/ct 29 C.R.M. 6438 of 2021 sl no. 47 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with NCB Crime no. 68/NCB/KOL/2021 dated 10.8.2021 under sections 8(c) read with section 21 (c) of the NDPS Act And In Re : Mehebul Mallick @ Mahebul ...... petitioner

Mr. K Bagchi Mr. Amanul Islam Mr. Sourav Mukherjee ...... for the petitioner Mr. Y J Dastoor, ld ASG Mr. P Edulji Ms. M Mondal ...... for the NCB

Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that the

petitioner was falsely implicated in the instant case. No contraband

was recovered from the possession of the petitioner. The petitioner

is sought to be dragged into the case on the basis of the statement

of an accused person.

Learned Additional Solicitor General appearing for the NCB

relies upon a judgment and order dated September 22, 2021

passed by the Hon'ble Supreme Court of India in Criminal Appeal

no. 2043 of 2021 (UOI through NCB Lucknow vs. Md. Nawaz Khan).

He submits that the investigations are at a nascent stage. The

seizure was made only on August 10, 2021. The NCB is yet to

explore all the angles of the call details record between the

petitioner and the accused. Therefore, he submits that anticipatory

bail, as prayed for, should not be granted.

Learned advocate for the petitioner submits that facts and

circumstances in Md. Nawaz Khan (supra) are different from those

obtaining in the present case.

Considering the materials in the case diary as presently

obtaining and considering the statement of the accused recorded

under section 161 Cr.P.C and considering the fact that NCB

requires some more time, we deem it appropriate to list the petition

under the same heading on November 11, 2021.

In the meantime petitioner shall not be arrested in

connection with this case without prior leave of the court.

The petitioner will co-operate with investigation as and when

called for.

(Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)