Bhim Mandal v. State Of West Bengal

28.08.2023 as/sdas allowed CRM(NDPS) No. 1445 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 408 of 2022 dated 19.04.2022 under Sections 21(c )/29 of the NDPS Act.

And In Re : Bhim Mandal ...... petitioner Mr. Mazhar Hossain Chowdhury Mr. Mobashshara Alam ....for the petitioner Mr. Saryati Datta .... for the State 1.Learned Counsel for the petitioner submits he is in custody for 83 days. Investigation is complete. He prays for bail. 2.Learned Counsel for the State opposes the prayer for bail and submits petitioner has criminal antecedents. 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 law. There is no legally admissible evidence to implicate the petitioner in transportation of narcotics. Hence, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be enlarged on bail.

4.Accordingly, we direct that the petitioner 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 NDPS Act,

Malda, subject to the conditions that 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.

5.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 in accordance with law without further reference to this Court.

6.The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)