Bishal@Vishal Haldar v. State Of West Bengal

18.07.2023 Sl. No.8 akd [ALLOWED] C. R. M. (NDPS) 1277 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.07.2023 in connection with Dalkhola Police Station Case No.12 of 2022 dated 08.01.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.01 of 2022) And In Re: Bishal @ Vishal Haldar ... ... Petitioner Mr. Pronajit Roy ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 136 days. It is further submitted no narcotics was recovered from his possession. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail and submits Call Detailed Records (CDRs.) show communications between the petitioner and co-accused from whom narcotics was recovered.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. Apart from CDRs. showing communications (contents whereof are unknown) with co-accused, no legally admissible evidence is placed on record to implicate him in the crime. In view of the aforesaid scanty materials on record, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Under such circumstances and in view of the period of detention suffered by him, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Bishal @ Vishal Haldar, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, under the NDPS Act, Raiganj, Uttar Dinajpur subject to condition that the said 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 or commit similar offences in future.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)