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Calcutta High CourtCRM/8549/2021allowed

Nanki Yadav @ Mahanth Yadav v. Commissioner Of Customs And ANR

2022-03-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 27.04.2022 Court No.29 C.R.M. 8549 of 2021 IA No.:CRAN 1 of 2022 In Re: IA No.:CRAN 1 of 2022 In Re: - An application for appropriate order/modification of the order of bail.

And In the matter of: Nanki Yadav @ Mahanth Yadav ....Applicant/petitioner.

Mr. Sanat Kumar Das Mr. Sujan Chatterjee ... for the Applicant/petitioner.

Mr. Bhaskar Prosad Banerjee Mr. Tapan Bhanja ... for the opposite parties.

Petitioner prays for relaxation of the conditions granting bail by the order dated March 11, 2022.

Learned Advocate appearing for the petitioner submits that the petitioner is unable to find a surety of rupees one lakh as prescribed by such order.

The order was passed on the basis of the dictum of the Supreme Court reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee vs. Union of India). There, the Supreme Court enlarged the accused under the provisions of the NDPS Act, 1985 on bail bond of rupees one lakh. The coordinate Bench followed such ratio while granting bail to the petitioner.

Therefore, we find no reason to relax any conditions of the order

granting bail to the petitioner.

The prayer for relaxation and/or modification of the conditions of bail is rejected.

CRAN 1 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)