Md. Masud Alam @ Masood v. State Of West Bengal

16.08.2022 cm/ct 28 C.R.M.(NDPS) No. 841 of 2022 sl no. 3 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 457 of 2022 dated 06.05.2022 under Sections 21 ( c )/29 of the Narcotic Drugs and Psychotropic Substances Act.

And Allowed In Re : Md. Masud Alam @ Masood & Anr.

..... petitioners Mr. Amitava Karmakar Mr. Arup Kr. Bhowmick ...... for the petitioners Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick ...... for the State Petitioners are in custody for 75 days. It is contended no narcotic substance was recovered from their possession. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. No narcotic substance was recovered from their possession. Their complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Hence, we are of the opinion petitioners have been able to rebut the statutory restrictions under Section 37 of the NDPS Act and they may be granted bail.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Malda on condition that the petitioners shall appear before the trial court on every date

of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM(NDPS) No. 841 of 2022 is disposed of.

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