Majibar Sk @ Mazbur @ Bodaru @ Majidur Rahaman v. State Of West Bengal

05.07.2023.

60.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1138 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.60 of 2018 arising out of Gangarampur P. S. Case No.349 of dated 07.12.2018 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act.

In the matter of : Majibar Sk @ Mazbur @ Bodaru @ Majidur Rahaman.

.... Petitioner.

Ms. Busra Khatun.

...for the Petitioner.

Mr. Antarikhya Basu.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. 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 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 enlarged on 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 the N.D.P.S. Act, Balurghat, Dakshin Dinajpur 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. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)