Sefa Mahaldar @ Shefajul Mahaldar v. State Of West Bengal

CRM 3604 of 2021 (Via Video Conference) 30.07.2021 Court No.28 Item No.48 (Allowed) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Suti Police Station Case No. 03 of 2020 dated 02.01.2020 under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (Special Case No. 57 of 2021) Akd & As And In the matter of : Sefa Mahaldar @ Shefajul Mahaldar

...Petitioner

Mr. Anisur Rahman.

...For the Petitioner Mr. Sanjay Bardhan, Mr. S. Dutta, Mr. Nirupam Dhali.

...For the State.

The Advocate on Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Suti Police Station Case No. 03 of 2020 under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The petitioner has been apprehended in the instant case solely on the basis of the statement of the co-accused. No contraband was recovered from his exclusive or joint possession. Since the statement of the co-accused made before the police is inadmissible, at this stage we think that the petitioner has been able to make out case to take exception of Section 37 of the N.D.P.S. Act. The prayer for bail of the petitioner is thus allowed. Accordingly, the petitioner, Sefa Mahaldar @ Shefajul Mahaldar, shall be released on bail upon furnishing a bond of Rs.10,000 /- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Judge under the NDPS Act, Berhampore,

Murshidabad, subject to the condition that the petitioner shall meet the Investigation Officer once in a week until further order. In the event, the petitioner fails to do so 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.

The application for bail, being CRM 3604 of 2021, is thus disposed of.

(Harish Tandon, J) (Bibek Chaudhuri, J.)