Rabbani Sarkar @ Mukul v. State Of West Bengal

24.08.2022 Sl. No.4 akd [ALLOWED] C. R. M. (NDPS) 948 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.08.2022 in connection with Kumarganj Police Station Case No. 186 of 2017 dated 19.09.2017 under Sections 21/22/23/25 of the NDPS Act.

And In Re: Rabbani Sarkar @ Mukul ... ... Petitioner Mr. Anindya Ghosh ... ... for the petitioner Mr. Binay Panda Ms. Puspita Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 54 days. It is further submitted no narcotic substance was recovered from his possession.

Learned advocate appearing for the State opposes the prayer for bail and submits petitioner has criminal antecedents and he had absconded for a protracted period of time.

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 detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary and he may be enlarged on bail however, subject to strict conditions.

Therefore, the accused/petitioner, namely Rabbani Sarkar @ Mukul, 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, Balurghat, Dakshin 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 and on further condition that the petitioner, while on bail, shall not leave the jurisdiction of Kumarganj Police Station except for the purpose of investigation and/or for attending court proceedings and shall report to the Officer-in-charge of the said police station once in a week until further orders.

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.)