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Calcutta High CourtCRM (NDPS)/415/2022allowed

Suvankar Pal@Pocha@Shubhankar Paul v. State Of West Bengal

2022-04-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

26.04.2022 Sl. 54 Court No.29 suvayan (Allowed) C.R.M. (NDPS) 415 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Monteswar P.S. Case No. 147 of 2018 dated 06/07/2018 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. And In the matter of: Suvankar Pal @ Pocha @ Shubhankar Paul ....petitioner Mr. Sanat Kr. Das Mr. Sujan Chatterjee ...for the petitioner.

Mr. Madhusudan Sur Mr. Dipankar Paramanick ...for the State.

Petitioner seeks bail.

Considering the fact that the petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody and considering the fact that no recovery was made from the possession of the petitioner and considering the fact that all other co-accuseds were enlarged on bail from time to time, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Considering the period of detention of the petitioner, 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 the NDPS Act, Purba Bardhaman subject to the condition that during bail the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and the petitioner 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 C.R.M. (NDPS) 415 of 2022 is, thus, disposed of.

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