Pradip Das @ Prodip Pal @ Pal v. State Of West Bengal

05.04.2024 Sl. No.5 akd [ALLOWED] C. R. M. (NDPS) 604 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.03.2024 in connection with Hili Police Station Case No.31 of dated 06.02.2023 under Sections 186/188/353/379/411/307 of the Indian Penal Code read with Sections 21(c)/22(c)/23(c)/27A of the NDPS Act. (NDPS Case No.14 of 2023) And In Re: Pradip Das @ Prodip Pal @ Pal ... ... Petitioner Mr. Kaushik Choudhury ... ... for the petitioner Mr. Kunal Ganguly ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 46 days. It is further submitted no narcotics was recovered from his possession. Co-accused similarly circumstanced with the petitioner have been enlarged on bail. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence.

Co-accused similarly circumstanced with the petitioner have been enlarged on bail. 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 may be released on bail.

4. Therefore, the accused/petitioner, namely Pradip Das @ Prodip Pal @ Pal, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Signed By :

ARUP KUMAR DAS High Court of Calcutta 5 th of April 2024 05:00:44 PM

Special Court under the NDPS Act-cum-Additional District Judge, 3rd Court, Balurghat, Dakshin Dinajpur subject to condition that the said 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 or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ARUP KUMAR DAS High Court of Calcutta 5 th of April 2024 05:00:44 PM