Kajirul Islam@Kajirul Hoque v. State Of West Bengal

20.06.2022.

12.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 672 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.132 of 2021 arising out of Kaliachak P.S. Case No.1330 of 2021 dated 28.11.2021 under Sections 21(c)/27A/29 of the N.D.P.S. Act read with Section 27A of the Drugs & Cosmetics Act.

In the matter of : Kajirul Islam @ Kajirul Hoque. .... Petitioner.

Mr. Mazhar Hossain Chowdhury, Ms. Mobashshara Alam.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kr. Datta.

...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. There is no other material to show petitioner was dealing in narcotic substance above commercial quantity. In view of the aforesaid fact, 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 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 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.)