Sipan Mondal @ Sipan Sk. v. State Of West Bengal

09.04.2024.

18.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 624 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.73 of 2023 arising out of Jalangi P.S. Case No.185 of 2023 dated 08.06.2023 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Sipan Mondal @ Sipan Sk.

.... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Manoranjan Mahata.

...for the State.

1.

Petitioner contends no narcotics was recovered from his possession. Co-accused viz., Sariful Sk. @ Sarif Sk has been enlarged on bail. Accordingly, he prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. He submits CDRs collected during investigation show telephonic conversations between petitioner and co-accused from whom narcotics was recovered.

3.

We have considered the materials on record. No narcotics was recovered from petitioner. Though prosecution relies on CDRs collected during investigation showing telephonic conversations between petitioner and co-accused from whom narcotics was recovered, contents of the conversations are not known. No incriminating article has been recovered from the petitioner during his custody. He is in custody for 40 days. 4.

Under such circumstances, we are of the opinion petitioner has been able to rebut statutory restrictions under Section 37 of the N. D. P. S. Act and may be enlarged on bail. Signed By : ALOK SETH High Court of Calcutta 10 th of April 2024 05:57:43 PM

5.

Accordingly, the petitioner viz., Sipan Mondal @ Sipan Sk shall 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 N.D.P.S.

Act, Berhampore, Murshidabad subject to condition that he 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. 6.

In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 10 th of April 2024 05:57:43 PM