Karim Laskar Alias Md. Karim Alias Israil v. State Of West Bengal

30.05.2024 Court No.8 Item. 44 (Suvendu /Sandip) CRM(NDPS) 901 OF 2024 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with T.R. Case No. 51 of 2020 arising out of Sankrail Police Station Case No. 973 of 2020 dated 16.10.2020 under Sections 21(c)/ 29 of the NDPS Act, 1985. And In the matter of: Karim Laskar alias Md. Karim alias Israil . .. . . . . .Petitioner.

Mr. Sayan Kanjilal Mr. Kaustuv Shome For the Petitioner.

Mr. Suman De Ms. Sujata Das For the State.

1.

Learned counsel appearing for the petitioner submits that the petitioner is in custody for about three years and seven months and till date charges have not been framed. Subject matter of the case relates to recovery of 3.7 litres of Codeine mixtures.

2.

Learned counsel appearing for the State submits that in view of the other co-accused persons absconding and not cooperating with the progress of the case, charges could not be framed till date.

3.

Having considered that there is no scope of commencing or concluding the trial in near future, further detention of the petitioner is unwarranted.

4.

Thus, the prayer for bail is allowed.

5.

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 Special Judge (under NDPS Act) -cum- Additional Sessions Judge, 3rd Court, Howrah/ learned Chief Judicial Magistrate, Howrah.

6.

If on bail, the petitioner shall meet with the Inspector-inCharge of Sankrail Police Station once a fortnight for a period of six months from date. It would be the discretion of the learned Special Court either to extend such condition or modify/waive such condition having regard to the conduct of the present petitioner in the subsequent dates so fixed.

7.

It is directed that the petitioner shall make himself available on each and every date fixed by the trial court physically and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. If the petitioner leaves the jurisdiction of the districts of Howrah and Kolkata in that case he would seek permission from the learned Special Court and thereafter leave the concerned districts.

8.

CRM(NDPS) 901 of 2024 is accordingly allowed and disposed of in terms of the above.

(BISWAROOP CHOWDHURY, J.) (TIRTHANKAR GHOSH, J.)