Babor Ali Biswas @ Babur Ali v. State Of West Bengal

13.01.2023 Sl. No.5 akd [ALLOWED] C. R. M. (NDPS) 42 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.01.2023 in connection with Sagarpara Police Station Case No. 08 of 2022 dated 13.01.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.22 of 2022) And In Re: Babor Ali Biswas @ Babur Ali ... ... Petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath Mr. Karnel Mondal ... ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 42 days. It is further submitted no narcotic substance was recovered from his possession.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. Investigation has not revealed any legally admissible evidence connecting him with the crime. Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact and period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Babor Ali Biswas @ Babur Ali, 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, Berhampore, Murshidabad 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.

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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)