Azim Sk@Ajim Sk v. State Of West Bengal

24.07.2023 Sl. No.10 akd [ALLOWED] C. R. M. (NDPS) 1297 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.07.2023 in connection with English Bazar Police Station Case No.1167 of 2022 dated 22.07.2022 under Sections 21(c)/25/29 of the NDPS Act.

And In Re: Azim Sk. @ Ajim Sk.

... ... Petitioner Mr. Mazhar Hossain Chowdhury Mrs. Mobashshara Alam ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 52 days. It is further submitted no narcotics was recovered from his possession. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. Co-accused similarly circumstanced with the petitioner has been enlarged on bail. Under such circumstances, we are of the opinion petitioner has been able to make out a prima facie case to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Azim Sk. @ Ajim Sk., 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-cum-Additional Sessions Judge, 3rd Court, Malda 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.)