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Calcutta High CourtCRM (NDPS)/1461/2024allowed

Karan Sharma v. State Of West Bengal

2024-09-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.09.2024 Sl. No.75 akd [ALLOWED] C. R. M. (NDPS) 1461 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 06.09.2024 in connection with Asansol (South) Police Station Case No.242 of 2024 dated 01.07.2024 under Sections 21(b)(ii)(B)/25/29 of the NDPS Act. (NDPS Case No.14 of 2024) And In Re: Karan Sharma ... ... Petitioner Mr. Kunal Ganguly ... ... for the petitioner Mr. Avishek Sinha Mr. Asif Dewan ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Amount of narcotics i.e. 6 kgs. of Ganja recovered from the petitioner is below commercial quantity. Co-accused has been enlarged on bail. In view of the aforesaid facts, we are of the opinion further detention of the accused/petitioner is not necessary.

3. Therefore, the accused/petitioner, namely Karan Sharma, 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 Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman 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.

Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of September 2024 05:17:29 PM

4. 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.

5. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of September 2024 05:17:29 PM