Subhadip Mali v. State Of West Bengal

C.R.M. 8109 of 2021 (Via Video Conference) (AD/ KC) 10.12.2021 Court No.28 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Patiram P.S. Case No.123 of dated 28/08/2021 under Sections 21/21(c)/22/23/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act.

And (Allowed) In the matter of: Subhadip Mali ....petitioner.

Mr. Kaushik Chaudhury Ms. Busra Khatoon ...for the petitioner.

Mr. Tapandeb Nandy Ms. Ayantika Basu ... for the State.

Petitioner is in custody for 95 days. It is contended that no narcotic substance was recovered from the possession of the petitioner.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner and the co-accused persons were dealing in narcotic substances.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner. His complicity has transpired from the statement of the coaccused before the police officer, which is inadmissible in evidence.

Under such circumstances, we are of the opinion that the petitioner is able to rebut the restrictions under Section 37 of the NDPS Act and he may be granted bail.

Accordingly, the petitioner 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, Balurghat, Dakshin Dinajpur on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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 is disposed of.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)