Manirul Jamadar @ Maminul Jamadar v. State Of West Bengal

16.04.2024 Sl. No.7 akd [ALLOWED] C. R. M. (NDPS) 630 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.04.2024 in connection with Gangarampur Police Station Case No.484 of 2023 dated 19.10.2023 under Sections 21(c)/22(c)/23(c)/27/28 of the NDPS Act. (NDPS Case No.80 of 2023) And In Re: Manirul Jamadar @ Maminul Jamadar ... ... Petitioner Mr. Kaushik Choudhury Ms. Busra Khatoon ... ... for the petitioner Mr. Prasun Kumar Datta .. ld. Addl. Public Prosecutor Mr. Dattatreya Datta ... ... 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. Accordingly, he prays for bail.

2. Report is placed on record.

3. Learned Additional Public Prosecutor submits date has been fixed for recording evidence.

4. We have considered the materials on record. No narcotic substance 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. Hence, 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.

5. Therefore, the accused/petitioner, namely Manirul Jamadar @ Maminul Jamadar, 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 Signed By : ARUP KUMAR DAS High Court of Calcutta 18 th of April 2024 06:04:52 PM

learned Judge, 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.

6. 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.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 18 th of April 2024 06:04:52 PM