Ranjit Roy v. State Of West Bengal

13.07.2022 cm/ct 28 C.R.M.(NDPS) No. 778 of 2022 sl no. 11 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gangarampur P.S Case No. 200 of 2022 dated 13.04.2022 under Sections 20 ( c )/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act. And Allowed In Re : Ranjit Roy ..... petitioner Mr. Kaushik Chowdhury Ms. Busra Khatun ...... for the petitioner Mr. Antarikhya Basu ...... for the State Petitioner is in custody for 85 days. It is 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 keeping 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, we are inclined to grant bail to the petitioner. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.

trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event petitioner 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. 778 of 2022 is disposed of.

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