Afirul Sk @ Khalek Sk v. State Of West Bengal

01.04.2024 Sl. No.5 akd [ALLOWED] C. R. M. (NDPS) 386 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.02.2024 in connection with Jalangi Police Station Case No.235 of 2023 dated 31.07.2023 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.84 of 2023) And In Re: Afirul Sk. @ Khalek Sk.

... ... Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... ... for the petitioner Mr. Prasun Kumar Dutta .. ld. Addl. Public Prosecutor Mr. Pratick Bose ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 71 days. It is further submitted no narcotics was recovered from his possession. Accordingly, he prays for bail.

2. Learned Advocate for the State produces the case diary.

3. We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Hence, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and may be released on bail.

4. Therefore, the accused/petitioner, namely Afirul Sk. @ Khalek Sk., 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, 5th Court, Berhampore, Murshidabad subject to condition that the said Signed By :

ARUP KUMAR DAS High Court of Calcutta 2 nd of April 2024 05:14:22 PM

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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ARUP KUMAR DAS High Court of Calcutta 2 nd of April 2024 05:14:22 PM