Swapan Mahato @ Swapan Das v. State Of West Bengal

17.05.2023 Sl. No.17 akd [ALLOWED] C. R. M. (NDPS) 1007 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.05.2023 in connection with Hili Police Station Case No.176 of dated 30.07.2022 under Sections 20(b)(2)/21(c)/22(c)/23(c)/27A of the NDPS Act. And In Re: Swapan Mahato @ Swapan Das ... Petitioner Mr. Kaushik Chowdhury Ms. Busra Khatoon ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State It is submitted on behalf of the petitioner that no narcotics was recovered from his possession. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record.

We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Swapan Mahato @ Swapan Das, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, under the NDPS Act-cum-Additional District Judge, 3rd Court, Balurghat, Dakshin Dinajpur subject to condition that the said 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 or commit similar offences in future. 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 automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)