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Calcutta High CourtCRM/8635/2021allowed

Alamgir Majnu Maldar @ Alamgir Maldar v. Narcotic Control Buruau

2022-03-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

31.03.2022 Serial no. 81 CHC Ct. No. 29 Allowed CRM 8635 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 13th December, 2021 in connection with N. Case No.128 arising out of NCB Crime 76/NCB/Kolkata/2021 under Section 8C read with Section 20(b) (II)(B) of the NDPS Act.

-AndIn the matter of : Alamgir Majnu Maldar @ Alamgir Maldar

...Petitioner

Mr. S. Panchhal, Advocate Mr. S. Barman, Advocate Mr. M.A. Naskar Advocate Mr. R. Prosad, Advocate ... ... For the Petitioner Mr. Y. J. Dastoor, ld. ASG Ms. Mary Dutta, Advocate ... ...For the NCB Petitioner seeks bail.

In the fact of the present case, petitioner herein claim parity with other co-accused who was granted bail in CRM 8310 of 2021 dated March 25, 2022.

No narcotic was recovered from the petitioner. Narcotic recovered from the principal accused was granted bail on March 31, 2022 in CRM 8567 of 2021.

In such circumstances, we grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 Special Judge (under NDPS Act), Barasat, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed allowed. CRM 8635 of 2021 is disposed of.

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