Najrul Islam Mallick v. The State Of West Bengal

14-06-2024 (ct. no.28) KOLE Allowed CRM (NDPS) 921 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No. 110 of 2024 dated 14.04.2024 under Sections 20(b)(ii)(B) of the NDPS Act.

- A n d - In the matter of : Najrul Islam Mallick .... Petitioner.

Mr. Joy Chakraborty, Mr. Sandip Dinda, Mr. M. Rahaman, ... For the Petitioner.

Mr. Artarikhya Basu, Mr. R. Jahan, ... For the State.

Intermediate quantity of ganja was allegedly recovered from the possession of the petitioner. He says that he is in custody for 61 days. Investigation is complete. Charge sheet has been filed. His further detention is not necessary.

Learned Advocate for the State opposes the prayer for bail. In view of the intermediate quantity of contraband being involved, the restrictions in Section 37 of the NDPS Act would not apply. Since charge sheet has already been filed upon completion of investigation and also on an overall assessment of the materials in the case diary, we are inclined to allow the petitioner's prayer for bail.

Accordingly, we direct that the petitioner, namely, Najrul Islam Mallick, shall be released on bail upon furnishing a bond of Rs. 25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge Signed By :

ABHIJIT KOLE High Court of Calcutta 14 th of June 2024 05:58:42 PM

under the NDPS Act-cum-Learned Additional District & Sessions Judge, Jhargram and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 14 th of June 2024 05:58:42 PM