Safikul Sk v. State Of West Bengal

05.06.2025 Item No.32 Court No.6 rrc/ ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(NDPS) 651 of 2025 In re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara Police Station Case No.84 of dated 26.02.2025 under Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act.

-AndIn the matter of : Safikul Sk.

... Petitioner Mr. Amanul Islam ...for the petitioner Ms. Sujata Das Mr. Prakash Mishra ... for the State Learned Advocate for the petitioner and the learned Advocate for the opposite party-State are present. Heard learned Advocates for the parties.

Perused the case diary and the materials on record. Learned Advocate for the petitioner submits that there is no recovery from the possession of the petitioner and his name transpired from the statement of the co-accused person. Learned Advocate for the State objects such prayer for bail.

Upon considering the materials in the case diary and the fact that there is no recovery from the possession of the petitioner and considering the detention of the petitioner, this

Court is of the view that as the petitioner has been able to cross the rigors of Section 37 of the NDPS Act, thus, the petitioner should be granted bail.

Thus, I allow the prayer for bail made by the petitioner. The petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Krishnagar, Nadia. The petitioner upon being released shall meet the Investigating Officer twice a week and shall not leave the jurisdiction of the court and shall not do any act prejudicial to the investigation and shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Accordingly, the application for bail is disposed of. (Biswaroop Chowdhury, J.)