Mainul Islam v. State Of West Bengal

23.11.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 7334 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 79 of 2021 dated 16.02.2021 under Sections 21(c)/20(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Mainul Islam ...... petitioner Mr. Ali Ahsan Alamgir Ms. Riya Das Ms. Rabia Khatoon .....for the petitioner Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. No contraband was recovered from the possession of the petitioner. The police submitted charge-sheet.

Learned advocate appearing for the State submits that, the name of the petitioner transpires from the statement of the co-accused. He opposes the prayer for grant of bail. Considering the materials in the case diary and considering the fact that no contraband was recovered from the possession of the petitioner and that the petitioner was falsely implicated on the basis of a statement of a co-accused, we are of the view that the petitioner is in a position to rebut the

presumption under Section 37 of the NDPS Act, 1985. Consequently, we grant bail to the petitioner. Accordingly, we direct that 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 NDPS Act, Berhampore, Murshidabad, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)