Md Jahangir v. State Of West Bengal

42.

26-09-2024 (ct. no.28) debajyoti (allowed) CRM (NDPS) 1431 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Digha Mohona Police Station Case No.43 of 2024 dated 13-08-2024 under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Md. Jahangir .... Petitioner.

Ms. Pompey Bose, Mr. S. Nag, Mr. Anjan Banerjee ... For the Petitioner.

Ms. Subhasree Patel, Mr. Subhajit Chowdhury ... For the State.

Dictated by Arijit Banerjee, J.

7.5 kgs. (intermediate quantity) of Ganja was allegedly recovered from the joint possession of the two accused persons including this petitioner. He says that he has no connection with the alleged crime. He has been framed. He is in custody for 45 days.

The State, while opposing the prayer for bail, draws our attention to the seizure list.

On an overall consideration of the material on record, and considering the possible extent of complicity of the petitioner in the alleged crime, although charge sheet is yet to be submitted, we are inclined to enlarge the petitioner on bail so long as he cooperates with the Investigating Officer fully. Accordingly, we direct that the petitioner, namely, Md. Jahangir, shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two Signed By :

DEBAJYOTI DAS High Court of Calcutta 27 th of September 2024 11:57:30 AM

sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional District & Sessions Judge, 1st Court cum Judge, Special Court under NDPS Act, Tamluk, Purba Medinipur. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall report to the Officer-inCharge/Inspector-in-Charge of Digha Mohona Police Station once in a week, until further orders and shall cooperate fully with the Investigating Officer.

In the event the petitioner fails to comply with any of the conditions stipulated above, 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 being CRM (NDPS) 1431 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 27 th of September 2024 11:57:30 AM