Bappi Barman v. State Of West Bengal

07.02.2022 Court No.32 rpan/17 CRM 8717 of 2021 In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re : Bappi Barman - Petitioner Mr. Subrata Saha ... for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ... for the State.

The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Kumarganj Police Station Case no.79 of 2019 dated 07.04.2019 under Sections 21/22/23 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 14A(b) of the Foreigners Act.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. It appears that no contraband substance above commercial quantity was recovered from the possession of the petitioner and that his name has transpired on the basis of co-accused statement. In view thereof, rigours of Section 37 of the NDPS Act is not attracted. Upon completion of investigation charge sheet has also been submitted. As such, further detention of the petitioner, who is in custody for 155 days, is not warranted.

Accordingly, we allow this application and direct that the petitioner, namely, Bappi Barman 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 a local, to the satisfaction of the learned Additional District and Sessions Judge cum Special Court under N.D.P.S. Act, 3rd Court, Dakshin Dinajpur at Balurghat. It is further directed that the petitioner shall attend the learned court below on the dates specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

With the aforesaid observations, the application for bail, being CRM 8717 of 2021, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J)