Richard Aubrey v. The State Of West Bengal

11.9.2024 Ct. No. 6 SL No. 38 SB C.R.M. (NDPS) 1385 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the B.N.S.S. Act 2023 in connection with Asansol (South) P.S. Case No. 242 of 2024 dated 01.7.2024 under Sections 20(b)(ii)(B) /25/ 29 of the N.D.P.S. Act. And In the matter of: Richard Aubrey Mr. Avik Ghatak Mr. Fahad Imam ... for the petitioner Ms. Singdha Saha ....for the State

1. Heard the learned advocates for the parties.

2. Petitioner is in custody for 72 days. Quantity amount of narcotics recovered 6.4 kg. of ganja is below the commercial quantity.

3. Under such circumstances, we are of the opinion, further detention for progress of investigation is not necessary and petitioner may be enlarged on bail.

1. 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 Chief Judicial Magistrate, Paschim Bardhaman, subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

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

3. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 12 th of September 2024 03:08:27 PM