Nasir Pichi @ Nasir Sk @ Nasiruddin Saikh v. The State Of West Bengal

31.7.2024 Ct. No. 6 SL No. 35 S.De/Tanmoy C.R.M. (NDPS) 1194 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar P.S. Case No.135 of 2023 dated 01.3.2023 under Sections 21(c)/ 29 of NDPS Act.

And In the matter of: Nasir Pichi @ Nasir Sk @ Nasiruddin Saikh. Mr. Wasim Akram ...for the Petitioner Mr. Arindam Sen Mr. Sayan Dev Kumar ....for the State

1. Heard learned advocates for the parties.

2. We have considered the materials on record. No narcotics was recovered from the petitioner. His complicity in the case has transpired from statement of co-accused before police officer is inadmissible in law.

3. Under such circumstances we are of the opinion the petitioner has been able to rebut the statutory restriction under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and is entitled to bail.

4. Accordingly, 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 Judge, Special Court under NDPS Act, Malda subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. Signed By :

SANDIP DE High Court of Calcutta 2 nd of August 2024 05:31:35 PM

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

6. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)