Rejaul Sarkar v. State Of West Bengal

12.03.2024 sdas allowed CRM(NDPS) No. 471 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 239 of 2023 dated 04.11.2023 under Sections 21(c)/22(c )/23(c )27A of the NDPS Act.

And In Re : Rejaul Sarkar ...... petitioner Mr. Koushik Choudhury ....for the petitioner Mr. Suman De .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for 81 days. No narcotics was recovered from his possession. Co-accused are on bail. He prays for bail. 2.

Learned Counsel for the State opposes the prayer for bail.

3.

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

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS ActSigned By : SHANTANU DAS High Court of Calcutta 13 th of March 2024 05:10:04 PM

cum-Additional District Judge, 3rd Court, Dakshin Dinajpur at Balurghat, subject to conditions that 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 in any manner whatsoever.

5. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)