Ashoke Dhali v. State Of West Bengal And ORS.

26.09.2022.

14.

as (Allowed) C.R.M. (NDPS) 1087 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.20 of 2021 arising out of Rahara P. S. Case No.114 of 2021 dated 24.03.2021 under Sections 20(b)/21( c )/29 of the NDPS Act. In the matter of : Ashoke Dhali.

.... Petitioner.

Mr. Debasish Kar.

...for the Petitioner.

Mr. Suman De.

...for the State.

Petitioner is in custody for more than a year. He submits no narcotic substance was recovered from his possession. He prays for bail.

Learned Advocate for the State opposes the prayer for bail. He submits petitioner has criminal antecedents. We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of coaccused before a police officer which is inadmissible in evidence.

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 in view of the period of detention suffered by the petitioner, he may be released on bail but subject to strict conditions.

Accordingly, 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 the NDPS Act, Barrackpore, North 24-Paraganas 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 while on bail shall remain within the jurisdiction of New Barrackpore Police Station except for the purposes of investigation and/or attending court proceeding and report to the Officer-in-charge of New Barrackpore Police Station once in a week until further orders.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)