Calcutta High CourtCRM (NDPS)/862/2022allowed

Morjem Sk @ Marjen v. State Of West Bengal

2022-08-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

01.08.2022 cm/ct 28 C.R.M.(NDPS) No. 862 of 2022 sl no. 5 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S Case No. 436 of 2022 dated 01.05.2022 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And Allowed In Re : Morjem Sk @ Marjen ..... petitioner Mr. Amitabha Karmakar Mr. Arup Kr. Bhowmick ...... for the petitioner Mr. Saryati Dutta ...... for the State Petitioner is in custody for 88 days. It is contended no narcotic substance was recovered from his possession. It is further contended he has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for bail. He submits petitioner was procuring narcotic substance through coaccused. We have considered the materials on record. No narcotic substance was recovered from his possession. Though it is contended petitioner made a confessional statement before police, we note the statement was made on 05.05.2022 and no further recoveries have been made pursuant to such statement. Ownership of the Toto from which the narcotic substance was recovered has also not been established.

In view of the aforesaid materials on record, we are of the opinion there is no legally admissible material connecting the petitioner with the alleged crime and he has been able to rebut

statutory restrictions under section 37 of the NDPS Act. Hence, he may be released on bail.

Accordingly, the petitioner 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 NDPS Act, Malda 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.

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. 862 of 2022 is disposed of.

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