Sabir Ali Laskar v. State Of West Bengal

CRM (NDPS) 351 of 2022 06.04.2022 Sl. 31 Court No.29 (sourav) (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Panskura G.R.P.S. F.I.R. No. 01 of 2022 dated 01.01.2022 under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Sabir Ali Laskar ....petitioner.

Mr. Md. Aslam Khan Mr. R. Khan ...for the petitioner.

Mr. Sanjoy Bardhan ... for the State.

Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 90 days. The police submitted charge-sheet. Only 6kg of ganja is claimed to be recovered from the possession of the petitioner. The petitioner is a blind person.

Learned advocate appearing for the State submits that in aggregate 13kgs. was seized from two persons. From the petitioner 6kg was recovered and from the other co-accused 7 kg was recovered from the same spot at the same time. He submits that there is no evidence of the petitioner being blind. Considering the fact that the seizure even if it is taken in its aggregate, is below the commercial quantity and considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we deem it appropriate to grant bail to the petitioner.

Accordingly, the petitioner 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 Act, Tamluk, Purba Medinipur subject to the condition that during bail he shall appear before the learned trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail being CRM (NDPS) 351 of 2022 is, thus, disposed of.

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