Jyotirmay Biswas @ Jyotirmay v. State Of West Bengal
01.04.2024 sdas allowed CRM(NDPS) No. 564 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dalkhola Police Station Case No. 25 of 2022 dated 18.01.2022 under Sections 21(c)/29 of the NDPS Act.
And In Re : Jyotirmoy Biswas @ Jyotirmay Biswas ...... petitioner Mr. Shaharayar Alam ....for the petitioner Mr. Rudradipta Nandy, learned APP Ms. Baishakhi Chatterjee .... for the State 1.
Learned Counsel for the petitioner submits he is in custody for 54 days. No narcotics was recovered from his possession. Investigation is complete. Co-accused has been granted anticipatory bail. Accordingly, he prays for bail. 2.
Learned Counsel for the State opposes the prayer for bail.
3.
We have considered the materials on record. Though petitioner had absconded for sometime we note no narcotics was recovered from his possession. His complicity has transpired from the statement of 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 Signed By :
SHANTANU DAS High Court of Calcutta 3 rd of April 2024 06:15:57 PM
sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Raiganj, Uttar Dinajpur, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses 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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 3 rd of April 2024 06:15:57 PM