Shamim Sk. @ Samim Sk v. State Of West Bengal

13.06.2022 cm/ct 28 C.R.M. (NDPS) 594 of 2022 sl no. 18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with NDPS case No. 277/2021 arising out of Sagardighi P.S. Case No. 478/2021 dated 13.12.2021 under Sections 21 ( c)/29 of the NDPS Act.

And Allowed In Re : Shamim Sk @ Samim Sk ..... petitioner Mr. Tapodip Gupta ...... for the petitioner Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick ...... for the State Having considered the materials on record and bearing in mind the nature of allegations and the extent of complicity of the petitioner in the alleged crime in the light of the submission that no narcotic substance was recovered from his possession and his complicity in the alleged offence has transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act and may be granted bail.

Accordingly, the petitioner 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, Berhampore, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM(NDPS) No. 594 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)