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Calcutta High CourtCRM (NDPS)/1054/2022allowed

Maruf Sk@Takla v. State Of West Bengal

2022-09-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

19.09.2022 sdas Allowed C.R.M. (NDPS) No. 1054 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1429 of 2021 dated 24.12.2021 under Sections 21(C )/22(C)/ 27A/29 of the NDPS Act. And In Re : Maruf Sk. @ Takla ...... petitioner Mr. Priyankar Ganguly .....for the petitioner Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ......for the State Learned Counsel appearing for the petitioner submits he is in custody for 54 days. It is also submitted that no narcotic substance was recovered from his possession. Co-accused Sekat Sk. @ Md. Sekat Sk. has been granted pre-arrest bail by a co-ordinate Bench of this Court.

Learned Counsel appearing for the State produces Case Diary.

No narcotic substance was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before police officer which is inadmissible in evidence. Co-accused has been granted prearrest bail. Under such circumstances, we are of the opinion that petitioner has been able to rebut the statutory presumption under Section 37 of the NDPS Act and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to him.

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 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 in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)