Gurupada Mandal v. The State Nof West Bengal

15.06.2022.

11.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 609 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.111 of 2021 arising out of Kaliachak P. S. Case No.1175 of 2021 dated 24.10.2021 under Sections 21(C)/29/27A of the N.D.P.S. Act.

In the matter of : Gurupada Mandal.

.... Petitioner.

Mr. Amitava Karmakar, Mr. A. K. Bhowmick.

...for the Petitioner.

Mr. Ranabir Ray Chowdhury, Mr. Mainak Gupta ...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner. Keeping in mind the aforesaid fact and as his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the N. D. P. S. Act and he may be granted bail.

Accordingly, 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 N.D.P.S. Act, Malda subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses 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 his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)