Hajiruddin Sk @ Hajiruddin Biswas @ Hajru Sk @ Hajru v. The State Of West Bengal

20.03.2023 Sl. No.3 akd [ALLOWED] C. R. M. (NDPS) 301 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.02.2023 in connection with Kaliachak Police Station Case No.340 of 2019 dated 17.06.2019 under Sections 18(c)/27(c) of the NDPS Act. (NDPS Case No.10 of 2019) And In Re: Hajiruddin Sk. @ Hajiruddin Biswas @ Hajru Sk. @ Hajru ... ... Petitioner Mr. Milon Mukherjee .. Sr. Advocate Mr. Mounik Ghosh Mr. Saikat Mondal ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 98 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. No other incriminating material has transpired in course of investigation. 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 Hajiruddin Sk. @ Hajiruddin Biswas @ Hajru Sk. @ Hajru, 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 Actcum-Additional District & Sessions Judge, 4th Court, Malda 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.)