Soumojit Guha @ Soumya Kanti Guha @ Soumyajit v. State Of West Bengal

15.06.2022 sdas Allowed C.R.M. (NDPS) 622 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 355 of 2018 dated 25.10.2018 under Sections 21(c )/22(c )/23(c )/25/27A/28/29 of the N.D.P.S. Act. And In Re : Soumojit Guha @ Soumya Kanti Guha @ Soumyajit....... petitioner Ms. Busra Khatun .....for the petitioner Mr. Sanjoy Bardhan Mr.Palash Chandra Majhi .....for the State Learned Counsel appearing for the petitioner submits that no narcotic substance has been recovered from the possession of the petitioner. He is in custody for 112 days. Learned Counsel appearing for the State opposes the prayer for bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and as no narcotic substance has been recovered from his possession and as his complicity has transpired from the statement of the co-accused before police officer which is inadmissible in evidence and as investigation is complete, we are of the opinion that petitioner has been able to rebut the statutory presumption under Section 37 of the NDPS Act and in view of the period of detention suffered by the petitioner i.e. 112 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 Judge, Special Court under NDPS Act, Balurghat, Dakshin Dinajpur, subject to conditions that he 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 he 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.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)