Banomali Mondal @ Banu Mondal 2 Banamali Mondal v. The State Of West Bvengal

20.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M. (NDPS) 505 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 323 of 2019 dated 07.06.2019 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act. And In Re : Banomali Mondal @ Banu Mondal @ Banamali Mondal ...... petitioner Mr. Dipankar Mondal .....for the petitioner Mr. Binoy Panda Ms. Pushpita Saha ....for the State Considering the fact that no narcotic was recovered from the possession of the petitioner and considering the period of detention of the petitioner and considering the fact that the petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody and considering the fact that the State is not disputing the claim of parity made on behalf of the petitioner, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we 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 Judge, Special Court under NDPS

Act-cum-Additional District Judge, 2nd Court, Berhampore, Murshidabad, subject to the condition that the 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 any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)