Sarmin Khatun v. State Of West Bengal

08.08.2022 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 901 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.08.2022 in connection with Raiganj Police Station Case No. 887 of 2022 dated 09.07.2022 under Section 21(b) of the NDPS Act. (NDPS Case No.57 of 2022) And In Re: Sarmin Khatun ... ... Petitioner Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about 32 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegation relates to recovery of narcotic substance i.e. 100 gms. of Heroin, which is below commercial quantity from the petitioner. In view of the aforesaid fact and period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sarmin Khatun, 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, 1985, 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 she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)