Gopal Mondal And ORS. v. The State Of West Bengal

08.08.2024 Ct.No. 6 Sl. No. 21 SB C.R.M. (NDPS) 1249 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (previously section 439 of the Code of Criminal Procedure, 1973) in connection with NDPS Case No.52 of 2024 arising out of Kotwali P. S. Case No.478 of 2024 dated 04.05.2024 under Sections 21(c)/29 of the NDPS Act.

In the matter of : Gopal Mondal & Ors.

... Petitioners.

Mr. Soubhik Mitter, Mr. Litan Maitra, Ms. Rajnandini Das, Mr. Chitrak Biswas ...for the Petitioners.

Mr. Arijit Ganguly, Ms. Rituparna Saha.

...for the State.

1. Heard learned lawyers for both the parties.

2. We have considered the materials on record. No narcotics were recovered from their possession. Investigation is complete.

3. Under such circumstances, we are of the opinion petitioners have been able to rebut the statutory restrictions under Section 37 of the NDPS Act and may be released on bail.

4. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, N.D.P.S. Act, Nadia at Krishnagar subject to Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 12 th of August 2024 01:18:48 PM

the condition that the petitioners 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 petitioners fail to appear before the trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their 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 12 th of August 2024 01:18:48 PM