Bhaben Roy And ANR. v. State Of West Bengal

09.11.2021 tkm/ct 28 C.R.M. 7168 of 2021 sl no. 71 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Howrah GRPS P.S Case No. 2921 of 2021 dated 23.7.2021 under Section 20(b)/29 of the NDPS Act And Allowed In Re : Bhaben Roy & Anr.

..... petitioners Mr. M Chatterjee Mr. S Bhattacharyya ...... for the petitioners Ms. Faria Hossain Ms. Sonali Das ...... for the State We have considered the materials on record. It is alleged that 11 kgs. of ganja was recovered from the joint possession of the petitioners. The quantity of narcotic substance recovered is below commercial quantity.

In view of the aforesaid fact, period of detention suffered by the petitioners and as investigation is complete, we are inclined to grant bail to the petitioners.

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, Howrah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and shall not commit similar offences in future.

In the event they 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 7168 of 2021 is disposed of. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)