Sujan Barman v. State Of West Bengal

13.02.2023 Sl. No.19 akd [ALLOWED] C. R. M. (NDPS) 244 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.02.2023 in connection with Hili Police Station Case No. 235 of 2021 dated 10.10.2021 under Sections 17/18/27A of the Drugs and Cosmetics Act and subsequently charge sheet submitted under Sections 17/18/27A of the Drugs and Cosmetics Act and Sections 21(c)/22(c)/23(c) of the NDPS Act.

And In Re: Sujan Barman ... ... Petitioner Mr. Kaushik Chaudhury Ms. Busra Khatoon ... ... for the petitioner Mr. Sanjay Bardhan Ms. Debjani Dasgupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 262 days. It is further submitted no narcotic substance was recovered from his possession.

Learned advocate appearing 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 petitioner and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. 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 the 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 Sujan Barman, 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 Judge, 3rd Court, Balurghat, Dakshin Dinajpur 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.)