Maina Saha v. State Of West Bengal

C.R.M. (NDPS) 403 of 2022 21.04.2022 Sl. 45 Court No.29 (sourav) (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kulti Police Station Case No. 61 of 2022 dated 28.01.2022 under Sections 21(b) of the Narcotic Drugs and Psychotropic substances Act, 1985. And In the matter of: Maina Saha ....petitioner.

Mr. Avik Ghatak Mr. Amit Ranjan Pati Ms. A. Begum ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ... for the State.

Petitioner prays for bail.

Leaned advocate appearing for the petitioner submits that the petitioner is in custody for 83 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that there is a criminal antecedent of the petitioner. Considering the quantity of narcotic seized from the possession of the petitioner and considering the period of detention of the petitioner and considering the fat that the police filed charge-sheet, we 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, Asansol, Paschim Bardhaman, subject to the condition that during bail

the petitioner shall appear before the learned trial court on every date of hearing and shall not intimidate witnesses and/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 C.R.M. (NDPS) 403 of 2022 is, thus, disposed of.

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