Calcutta High CourtCRM (NDPS)/119/2024allowed

Bittu Biswas v. State Of West Bengal

2024-01-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

18.01.2024 sdas Allowed C.R.M. (NDPS) No. 119 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No. 545 of 2023 dated 05.08.2023 under Section 21(c ) of the N.D.P.S. Act.

And In Re : Bittu Biswas ....... petitioner Mr. Mrinal Kanti Mukherjee Ms. Purnima Panda .....for the petitioner Mr. Angshuman Chakraborty .....for the State

1. Learned Counsel for the petitioner submits he is in custody for 160 days. It is also submitted alleged recovery was not witnessed by independent persons. It was made from a place which is not in the exclusive possession of the petitioner. Accordingly, he prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits recovery was made from the garden adjoining the house of the grandmother of the petitioner. He was present in the house.

3. We have considered the materials on record. Alleged recovery has been made from the garden adjoining the house of the grandmother of the petitioner. Petitioner is not the sole occupant of the house. There is nothing to show that he had exclusive possession over the alleged contraband. That apart

recovery was not witnessed by independent persons. He is a young person and has no criminal antecedents. Under such circumstances we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and may be enlarged on bail.

4. Accordingly, we direct that the petitioner shall 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-cum-learned Additional Sessions Judge, 6th Court, Barasat, North 24-Parganas, subject to condition that 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.

5. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)