Anand Singh @ Ziya And ANR v. The State Of West Bengal

84.

03-03-2025 (ct. no.29) debajyoti (allowed) CRM (NDPS) 239 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Mohanpur Police Station Case No.213 of 2024 dated 08-12-2024 under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Anand Singh @ Ziya & Anr.

.... Petitioners.

Mr. Arnab Chatterjee ... For the Petitioners.

Mr. Jaydeep Biswas, Mr. Atulya Sinha ... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioners say that allegedly intermediate quantity (little over 2 kg.) of Ganja was seized from them. Charge sheet has been filed upon completion of investigation. They pray for bail.

2. Learned State advocate shows us the seizure list. Indeed, a little more of 2 kgs. of Ganja was seized from these petitioners. Investigation is complete. Since intermediate quantity of narcotics is involved, the rigors of Section 37 of the NDPS Act would not apply.

3. On an overall assessment of the material on record, we are of the view that further custodial detention of the petitioners is not necessary.

4. Accordingly, we direct that the petitioners, namely, Anand Singh @ Ziya and Sonjoy Dey, shall be released on bail upon furnishing bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Special Judge, NDPS Act cum Additional Sessions Judge, 1st Court at Barrackpore, North 24 Parganas. The petitioners shall appear before the learned trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. The petitioners shall remain within the jurisdiction of local police station and shall appear before the Officer-inCharge/Inspector-in-Charge of the said police station once in every fortnight, until further orders.

5.

In the event the petitioners fail to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

6.

The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)