Jhantu Sk @ Jhuntu Sk v. State Of West Bengal

04.09.2023 Sl. No.10 akd [ALLOWED] C. R. M. (NDPS) 1478 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.08.2023 in connection with Raninagar Police Station Case No.549 of 2022 dated 12.12.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.237 of 2022) And In Re: Jhantu Sk. @ Jhuntu Sk.

... ... Petitioner Ms. Shabana Hasin ... ... for the petitioner Mr. Ranadeb Sengupta ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 45 days. It is further submitted no narcotics was recovered from his possession. Investigation is complete. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits Call Detail Records (CDRs.) show communication between the petitioner and co-accused from whom narcotics above commercial quantity was recovered.

3. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. Apart from CDRs. showing communication (contents whereof are unknown) with co-accused from whom narcotics was recovered, no legally admissible evidence is placed on record to implicate him in the crime. In view of the aforesaid scanty materials on record, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Investigation is complete. There is no chance of his abscondence. Under such circumstances and in view of the period of detention

suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Jhantu Sk. @ Jhuntu Sk., be released on bail upon furnishing 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 the NDPS Act-cum-Additional District Judge, 2nd Court, Berhampore, Murshidabad subject to condition that the said petitioner 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 or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)