Ikramul Mondal @ Ikra v. State Of West Bengal

15.01.2024 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 73 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.01.2024 in connection with Krishnaganj Police Station Case No.341 of 2022 dated 15.09.2022 under Section 21(c) of the NDPS Act. (NDPS Case No. 68 of 2022) And In Re: Ikramul Mondal @ Ikra ... ... Petitioner Mr. Sumanta Das ... ... for the petitioner Ms. Amita Gaur ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 40 days. It is further submitted no narcotics was recovered from his possession. Investigation is complete. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of coaccused before a police officer which is inadmissible in evidence. Statements of villagers with regard to complicity of the petitioner in the crime are general and omnibus and do not relate to the alleged transaction in question. Investigation is complete. In view of such scanty materials on record, we are of the opinion 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 of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Ikramul Mondal @ Ikra, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Krishnagar, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)