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Calcutta High CourtCRM (NDPS)/334/2025allowed

Md Tanweer Ansari @ Monu v. State Of West Bengal

2025-03-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray3 pages

26.03.2025 Item no. 68.

Court No.29.

AB (Allowed) CRM (NDPS) 334 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Asansol (North) Police Station Case No.477 of 2024 Dated 01.10.2024 under Section 21(b)/25/29 of the NDPS Act And In the matter of : Md. Tanweer Ansari @ Monu ......Petitioner.

Mr. Avik Ghatak, Mr. Fahad Imran, Mr. Akash Ghosh ......for the Petitioner.

Mr. Anand Keshri Ms. Madhumita Basak ......for the State.

Dictated by Arijit Banerjee, J.

1.

The petitioner says that allegedly 81.9 grams of heroin was recovered from him. He is in custody for 176 days. Investigation is complete. Charge sheet has been submitted. A co-accused person has already been granted bail. He prays for bail.

2.

Learned State Counsel, while opposing the bail prayer, in his usual fairness, does not dispute that intermediate quantity of heroin was recovered from this petitioner. 3.

Therefore, the restrictions in Section 37 of the NDPS Act would not apply. Investigation being complete and on an overall assessment of the material on record, we are of the view that further custodial detention of the petitioner is not necessary.

4.

Accordingly, we direct that the petitioner, namely MD. TANWEER ANSARI @ MONU shall be released on

bail upon furnishing a bond of Rs.25,000/-, with two sureties of Rs.12,500/-each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act at Asansol, Paschim Bardhaman, and on further conditions that while on bail he shall remain within the jurisdiction of Asansol (North) Police Station and shall meet the Inspector in charge/Officer in charge, Asansol (North) Police Station once in a fortnight until further orders.

5.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)