Prasanta Das v. State Of West Bengal

19.04.2023 sdas allowed CRM(NDPS) No. 790 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kolkata STF Police Station Case No. 28 of 2019 dated 05.08.2019 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In Re : Prasanta Das ...... petitioner Mr. Manjit Singh Mr. Gaganjyot Singh Mr. Biswajit Mal ....for the petitioner Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. No narcotics was recovered from the petitioner. He is in custody for more than two years. There is inordinate delay in trial. Co-accused have been enlarged on bail. He stands on the same footing with the coaccused and may be extended same relief. Accordingly, we direct that the petitioner 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 in Charge, Special Court (NDPS Act) City Sessions Court, Calcutta, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)