Jiarul Mondal @ Bhoto @ Jiarul Mandal v. State Of West Bengal

25.08.2023 sdas allowed CRM(NDPS) No. 1327 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 65 of 2023 dated 16.04.2023 under Sections 21(c )/22(c )/23(c )/27A of the NDPS Act.

And In Re : Jiarul Mondal @ Bhoto @ Jiarul Mandal ...... petitioner Mr. Kaushik Choudhury ....for the petitioner Mr. Ranadeb Sengupta .... for the State 1.Learned Counsel for the petitioner submits he is in custody for 126 days. No narcotics was seized from his possession. He prays for bail.

2.Learned Counsel for the State opposes the prayer for bail and submits investigation is in progress.

3.We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statement of the co-accused before a police officer which is inadmissible in law. Petitioner was taken into police custody. There is no legally admissible evidence to implicate the petitioner in transportation of narcotics as transpired so far we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be enlarged on bail.

4.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 Special Judge (under NDPS Act)-cumADJ, 3rd Court, Balurghat, Dakshin Dinajpur, subject to the conditions that 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.

5.In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6.The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)