Abul Kalam Ajad @ Abul Kalam v. State Of West Bengal

29.06.2022 tkm/ct 28 C.R.M. (NDPS) 718 of 2022 sl no. 28 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with English Bazar P.S case no. 544 of 2022 dated 6.4.2022 under sections 21(c)/29 of the NDPS Act And Allowed In Re : Abul Kalam Ajad @ Abul Kalam ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...... for the State Petitioner is in custody for 80 days. It is submitted no narcotic substance was recovered from his possession. Learned lawyer for the State opposes the prayer for bail.

Having considered materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime in the light of the submission no narcotic substance was recovered from the possession of the petitioner and as his complicity has transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion petitioner has been able to rebut statutory restrictions under section 37 of the NDPS Act and he may be granted bail.

Accordingly, the petitioner 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, Malda on condition that the petitioner shall appear before the trial court on every date of

hearing 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 justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (NDPS) 718 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)