Dipankar Das @ Dipenkar Das @ Dipa v. State Of West Bengal

04.09.2020 AM Allowed C.R.M. 6289 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No.318 of 2019 dated 29.05.2019 under Sections 21(c)/22(c)/23(c)/25/27(A)/28/29 of the Narcotic Drugs and Psychotropic Substances Act (Special Case no.27 of 2019). And In Re : Dipankar Das @ Dipenkar Das @ Dipa .... petitioner Mr. Kaushik Chaudhury, Adv.

....for the petitioner Mr. Pradipta Ganguly, Adv.

...... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and in the light of the submission that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of the coaccused before Police Officers, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under

Section 37 of the NDPS Act and as the period of detention suffered by him i.e. 298 days, 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 appropriate Trial Court and 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. Learned appropriate trial court as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)