Hakim Sk @ Kalu v. State Of West Bengal

18.08.2022 Sl. No.1 akd [ALLOWED] C. R. M. (NDPS) 931 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.08.2022 in connection with Baishnabnagar Police Station Case No. 55 of 2022 dated 18.02.2021 under Sections 20(B)/29 of the NDPS Act. (NDPS Case No.18 of 2021) And In Re: Hakim Sk. @ Kalu ... ... Petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Binay Panda Mr. Subham Bhakat ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 27 days. It is further submitted no narcotic substance was recovered from his possession.

Learned advocate appearing 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 and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact and the 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 Hakim Sk. @ Kalu, 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 Additional District Judge, 4th Court, Special Court under the NDPS Act, 1985, 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 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. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)