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Calcutta High CourtCRM (NDPS)/26/2022allowed

Bappa Barman v. State Of West Bengal

2022-01-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bibhas Ranjan De2 pages

07.01.2022 tkm/ct 29 C.R.M. (NDPS) 26 of 2022 sl no. 43 (via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Islampur P.S Case no. 136 of 2021 dated 4.6.2021 under sections 20(b)(ii)(c)/29 of the NDPS Act And Allowed In Re : Bappa Barman ........ petitioner Mr. J I Hossain ...... for the petitioner Mr. Swapan Banerjee Mr. Suman De ...... for the State It is submitted on behalf of the petitioner that no narcotic was recovered from his possession. He is in custody for more than three months.

Learned lawyer for the State opposes the prayer for bail and submits that date has been fixed for consideration of charge on 12th January 2022.

Having considered materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime in the light of the submission that no narcotic substance was recovered from his possession and as his complicity in the alleged offence has transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act.

Under such circumstances and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (NDPS) 26 of 2022 is disposed of. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)