Sadekul Khan @ Bhutu v. State Of West Bengal

09.02.2023 Sl. No.4 akd [ALLOWED] C. R. M. (NDPS) 230 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.02.2023 in connection with Suti Police Station Case No. 607 of 2020 dated 29.12.2020 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.06 of 2021) And In Re: Sadekul Khan @ Bhutu ... ... Petitioner Ms. Sreyashee Biswas Ms. Benazir Hasna Mr. Ahiul Islam ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Manoranjan Mahata ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about one year and ten months. It is further submitted no narcotic substance was recovered from his possession.

Learned Additional Public Prosecutor opposes the prayer for bail and submits trial has substantially progressed. Date has been fixed for examination of accuseds under Section 313 of the Code of Criminal Procedure.

We have considered the materials on record. We find that no narcotic substance was recovered from 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 Sadekul Khan @ Bhutu, 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-cum-Additional District & Sessions Judge, 5th Court, 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.)