Tarikul Islam v. State Of West Bengal

14.07.2022.

08.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 780 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.143 of 2021 arising out of Kaliachak P. S. Case No.1419 of 2021 dated 20.12.2021 under Sections 20(c)/27A/29 of the N.D.P.S. Act read with Section 27(A) of the Drugs and Cosmetics Act.

In the matter of : Tarikul Islam.

.... Petitioner.

Mr. Rana Mukhopadhyay.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Arani Bhattacharyya.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for 90 days. It is submitted no narcotic substance was recovered from his possession. Coaccused persons are on bail/anticipatory bail. Learned Advocate appearing for the State opposes the prayer for bail. He submits petitioner and co-accuseds were dealing in narcotic substance above commercial quantity. Petitioner has criminal antecedents.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner. His complicity has transpired from the statement of coaccuseds 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 in view of the period of detention suffered by him, he may be granted 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 N.D.P.S. Act, Malda subject to condition that the 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.

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