Sameer Mondal @ Samir Mandal v. State Of West Bengal

22.08.2023.

08.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1418 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection Special Case No.194 of 2022 arising out of Baishnabnagar P.S. Case No.1008 of 2022 dated 28.11.2022 under Sections 21(c)/29 of the NDPS Act.

In the matter of : Sameer Mondal @ Samir Mandal. .... Petitioner.

Mr. Kusal Kr. Mukherjee, Mr. Sayan Das.

...for the Petitioner.

Mr. Saryati Datta.

...for the State.

1.

Petitioner is in custody for 186 days. He submits no narcotics was recovered from his possession. Co-accused has been enlarged on bail. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits investigation is complete.

3.

We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. 4.

Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the N. D. P. S. Act and may be enlarged on bail.

5.

Accordingly, the petitioner viz., Sameer Mondal @ Samir Mandal 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 local, to the satisfaction of the learned Judge, Special Court under the N.D.P.S. Act, Malda subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall meet the Investigating Officer once in a week until further orders.

6.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7.

This application for bail is, thus, disposed of. (Rai Chattopadhyay,J.) (Joymalya Bagchi, J.)