Manjurul Molla v. State Of West Bengal

05.07.2022 cm/ct 28 C.R.M.(NDPS) No. 733 of 2022 sl no. 8 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kumarganj P.S Case No. 11 of 2019 dated 14.01.2019 under Sections 21/22/23 of the Narcotic Drugs and Psychotropic Substances Act.

And Allowed In Re : Manjurul Molla ..... petitioner Mr. Krishan Ray Mr. Pronojit Roy Mr. Anindya Ghosh ...... for the petitioners Mr. Sanjoy Bardhan, Ld. A.P.P.

Ms. Baishakhi Chatterjee Ms. Chandreyi Dutta ...... for the State Petitioner is in custody for 66 days. It is contended that investigation is complete. It is further contended that no narcotic substance was recovered from the petitioner.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record and bearing in mind the nature of allegations and the extent of complicity of the petitioner in the alleged crime in the light of the submission that no narcotic substance was recovered from his possession and as his complicity in the alleged offence has transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act and investigation is complete, we are inclined to grant bail to the petitioner.

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, Dakshin Dinajpur, Balurghat 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) No. 733 of 2022 is disposed of.

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