Calcutta High CourtCRM (NDPS)/301/2022allowed

Gauranga Sarkar Alias Gauranga Dhali Alias Alokesh Sarkar Alias Gouranda Dhali v. State Of West Bengal

2022-03-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.03.2022 Serial no. 46 [Dd] (Bail allowed) CRM (NDPS) 301 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with N 176/2019 arising out of Basirhat Police Station Case No.

of dated 07.10.2019 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, and Sections 188/379/411/413/414 of the Indian Penal Code. -AndIn the matter of : Gauranga Sarkar alias Gauranga Dhali alias Dhali alias Alokesh Sarkar alias Gouranga Dhali ... ... Petitioner Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi, Advocates ... ...For the State Considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact that police filed charge sheet against the petitioner on the basis of the statement of the co-accused made while in custody, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 NDPS Act,

Barasat, North 24 Parganas subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (NDPS) 301 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)