Paresh Mandal v. The State Of West Bengal

01.8.2024 Ct. No. 6 SL No. 30 SB C.R.M. (NDPS) 1200 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No. 255 of 2024 dated 07.3.2024 under Sections 21(c) / 29 of NDPS Act. In the matter of: Paresh Mandal Mr. Wasim Akram Ms. Reshmi Khatun ...for the Petitioner Mr. Skekhar Barman ....for the State

1. Heard learned advocates for both the parties.

2. We have considered the materials on record. No narcotics was recovered from the petitioner. His complicity transpired before the police officer which is inadmissible in law. Petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be granted bail.

3. Under such circumstances, we are inclined to grant bail to the petitioner.

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, 3rd Court, Malda under N.D.P.S. Act, 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.

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.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 8 th of August 2024 03:23:38 PM