Faruk Abdulla Khamar v. State Of West Bengal

28.09.2022.

03. SL Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1107 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.100 of 2022 arising out of Amdanga P. S. Case No.319 of 2022 dated 30.06.2022 under Sections 20(b)(ii)(c) of the N.D.P.S. Act.

In the matter of : Faruk Abdulla Khamar.

.... Petitioner.

Mr. Arindam Sen, Mr. Sagnik Bhattacharyya.

...for the Petitioner.

Mr. S. Datta.

...for the State.

Petitioner submits no narcotic substance was recovered from his possession. He prays for bail.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of co-accused 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 he may be granted bail.

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 N.D.P.S. Act, Barasat 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.

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.

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