Md Harun Rashid @ Harun Sk v. State Of West Bengal

04.07.2023 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 1186 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.06.2023 in connection with English Bazar Police Station Case No.1167 of 2022 dated 22.07.2022 under Sections 22(c)/25/29 of the NDPS Act.

And In Re: Md. Harun Rashid @ Harun Sk.

... ... Petitioner Mr. Sayan Mukherjee ... ... for the petitioner Mr. Bibaswan Bhattacharya ... ... for the State It is submitted on behalf of the petitioner that no narcotics was recovered from his possession. Investigation is complete. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Investigation is complete. Under such circumstances, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Md. Harun Rashid @ Harun Sk., be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special 3rd Court, under the NDPS Act, Malda subject to condition that the said petitioner 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 or commit similar offences in future.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)