Lalchand Sk v. State Of West Bengal

23.08.2022 Sl. No.2 akd [ALLOWED] C. R. M. (NDPS) 937 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.08.2022 in connection with Islampur Police Station Case No. 18 of 2022 dated 09.01.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.17 of 2022) And In Re: Lalchand Sk.

... ... Petitioner Mr. Mrityunjoy Chatterjee Md. Golam Nure Imrohi ... ... for the petitioner Ms. Faria Hossain Ms. Mamata Jana ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 45 days. It is further submitted no narcotic substance was recovered from his possession. Co-accused viz. Hossain Sk. @ Md. Abdullahil Marup has been granted pre-arrest bail. 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. Co-accused viz. Hossain Sk. @ Md. Abdullahil Marup has been granted pre-arrest bail. 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 detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Lalchand 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, 1985, Berhampore, Murshidabad 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.)