Abed Ali Khan v. State Of West Bengal

06.01.2022 sdas allowed CRM 8723 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baruipur Police Station Case No. 189 of 2021 dated 30.10.2021 under Sections 21(b)(ii)(c )/29 of the NDPS Act.

And In Re : Abed Ali Khan ...... petitioner Mr. Uday Sankar Chattopadhyay .....for the petitioner Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta ..... for the State Having considered materials on record and keeping in mind extent of complicity of the petitioner in the light of the submission made on behalf of the petitioner that no narcotic substance has been recovered from the possession of the petitioner, we are of the opinion that petitioner has been has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and in view of period of detention suffered by him i.e. 94 days, we are inclined to 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 Judge, Special Court under NDPS Act, Alipore, South 24-Parganas, subject to the condition that the petitioner shall appear before the trial court on every date of

hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court. The application for bail is, accordingly, allowed. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)