Bakkar Sk v. State Of West Bengal

19.04.2023 sdas allowed CRM(NDPS) No. 803 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 708 of 2021 dated 30.12.2021 under Sections 21(c )/29 of the NDPS Act.

And In Re : Bakkar Sk. ...... petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ....for the petitioner Mr. Arani Bhattacharya .... for the State Learned Counsel for the petitioner submits he is in custody for one year and three months. No narcotics was recovered from the petitioner. He prays for bail.

Learned Counsel for the State opposes the prayer for bail and submits petitioner has criminal antecedents. In response learned Counsel for the petitioner submits he has been arrested in the earlier case.

We have considered the rival submissions of the Bar. No narcotics was recovered from the petitioner. His complicity has transpired from the statement of co-accused before police officer which is inadmissible in evidence. In view of the aforesaid circumstances and statutory restrictions under Section 37 of the NDPS Act, we are inclined to grant bail to the petitioner. 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 Additional District Jude, 5th Court (Special Court under the NDPS Act) at Berhampore, Murshidabad, 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.)