Biswanath Tiwari v. State Of West Bengal

17.04.2023.

09.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 749 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No. 2 of 2023 arising out of Singur P. S. Case No.21 of 2023 dated 12.01.2023 under Sections 20(b)(ii)(b) of the NDPS Act. In the matter of : Biswanath Tiwari.

.... Petitioner.

Mr. Arunava Ganguly.

...for the Petitioner.

Mr. Ranadeb Sengupta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Amount of narcotics recovered i.e. 12.8 kgs. of ganja is below commercial quantity.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner i.e. more than three months, we are inclined to grant bail to the petitioner. Accordingly, the petitioner viz., Biswanath Tiwari 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 NDPS Act, Hooghly 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.

In the event the 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.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)